How to Apply for a Trademark in China: A Complete Guide
Apply for a Trademark in China – Registering a trademark in China is a critical step for any business looking to protect its brand in one of the world’s largest markets. However, unlike other countries that recognize common-law trademark rights, China follows a strict “first-to-file” system—meaning that the first person or company to register a trademark owns the rights to it, regardless of prior use.
This system has led to numerous trademark disputes, with businesses facing issues such as trademark squatting (where third parties register trademarks in bad faith) and legal battles to reclaim brand names. So, to avoid such problems, companies must register their trademarks early and correctly.
In this guide, we’ll walk you through the China trademark registration process, key challenges, costs, and how to avoid common pitfalls. Plus, we’ll explain how TCI China’s trademark experts can help ensure your application is successful.
What is a Trademark and Why is it Important in China?
A trademark is a recognizable logo, brand name, symbol, or design that distinguishes one company’s products or services from another. It protects brand identity and helps businesses build trust with their customers.
So in China, trademarks are registered with the China National Intellectual Property Administration (CNIPA). The benefits of a registered trademark include:
– Exclusive rights to use the mark in China.
– Legal protection against counterfeiters and brand infringers.
– The ability to register your brand with China Customs to block counterfeit exports.
– Stronger brand recognition and credibility in the Chinese market.
Therefore without trademark protection, businesses risk losing control of their brand name in China and facing costly legal battles to reclaim it.
How Do I Apply for a Trademark in China?
The China trademark application process involves several steps:
1. Conduct a Trademark Search
Before filing an application, it’s crucial to conduct a comprehensive trademark search to check if a similar mark is already registered. The CNIPA database holds millions of trademarks, and overlapping applications can result in rejection.
TCI China offers expert trademark search services to help businesses identify potential conflicts before they submit an application.
2. Choose the Correct Classification and Subclasses
So, China follows the Nice Classification System, which divides trademarks into 45 different classes (34 for goods, 11 for services). Each class contains subclasses, and choosing the wrong subclass could leave your brand unprotected in certain business areas.
TCI China helps clients navigate these classifications to ensure maximum protection.
3. Submit the Trademark Application to CNIPA
Applications can be submitted directly through a Chinese trademark agent or via the Madrid System for international trademarks. Non-Chinese businesses must use a local agent to file their application.
TCI China handles the entire filing process, ensuring all paperwork is accurate and complies with CNIPA regulations.
4. CNIPA Examination and Publication Period
After submission, CNIPA conducts:
– Formal Examination – Checks if the application meets technical requirements.
– Substantive Examination – Ensures no conflicts with existing trademarks.
So if approved, the trademark is published in the Trademark Gazette for three months, allowing third parties to file oppositions.
5. Final Approval and Trademark Issuance
If no opposition is filed within the publication period, the trademark is officially registered, and CNIPA issues a Trademark Registration Certificate.
So, the Total time for registration: 9-12 months (longer if oppositions arise).
Can Foreign Businesses Apply for a Trademark in China?
Yes! However, foreign companies cannot file directly with CNIPA—they must appoint a licensed Chinese trademark agent.
TCI China has been assisting foreign businesses with China trademark registration since 2003. Our team ensures:
– Correct document submission to avoid unnecessary delays.
– Proper classification to maximize protection.
– Expert handling of oppositions and appeals, if required.
How Long Does It Take to Register a Trademark in China?
The entire registration process takes 9-12 months, depending on:
- CNIPA processing times.
- Whether any objections or oppositions arise.
- Completeness and accuracy of the application.
With TCI China, businesses can avoid common mistakes that cause delays, ensuring the process runs as smoothly as possible.
How Much Does It Cost to Register a Trademark in China?
The cost of trademark registration varies based on:
- Number of classes registered.
- Whether you apply directly with CNIPA or via the Madrid System.
- Legal or trademark agent fees.
TCI China provides cost-effective trademark registration packages with full transparency on fees. We also offer additional services like trademark monitoring to protect against infringement.
What Are the Common Reasons for Trademark Rejections?
CNIPA rejects trademarks for the following reasons:
– Similarity to an existing trademark – Overlapping brand names or logos cause conflicts.
– Generic or descriptive names – Common words may not qualify as trademarks.
– Restricted words or symbols – Some phrases or symbols are banned in China.
Therefore, TCI China helps identify potential rejection risks before you apply, improving approval chances.
Can I Register a Trademark with China Customs?
Yes! China Customs allows trademark owners to register their brands, helping to:
1. Block counterfeit goods at China’s borders.
2. Prevent unauthorized exports.
3. Take legal action against counterfeiters.
TCI China offers trademark registration with China Customs, giving brands an extra layer of protection against infringement.
So What Happens After My Trademark is Approved?
Once your trademark is registered:
1. It is valid for 10 years and can be renewed indefinitely.
2. You can enforce it against infringers in China.
3. You can license it or sell it to other businesses.
So, to maintain protection, businesses should:
- Monitor for infringements (TCI China offers trademark monitoring services).
- Renew their trademark before it expires (TCI China handles renewals).
- Expand protection to additional classes if necessary.
Conclusion
So, securing a China trademark is essential for any business planning to sell, manufacture, or distribute products in the Chinese market. Given China’s first-to-file system, acting quickly is the best way to protect your brand and prevent legal complications.
At TCI China, we specialize in helping businesses navigate China’s trademark laws—from initial searches to successful registration. Our experts ensure accuracy, compliance, and maximum brand protection.
Therefore, If you’re ready to register your trademark in China, avoid costly mistakes, and protect your brand, reach out to TCI China today.
➡️ Contact TCI China for a Free Trademark Consultation
About the Author
Aidan Conaty is a director of TCI China and Goodada Inspections. He can be contacted by email or be reached at:
Mobile- Messenger (Click to Connect)
Or at the following numbers:
(Europe/ Rest of the World) +353 1 885 3919
(UK) +44.020.3287.2990
(North America) +1.518.290.6604
Or email me, Aidan Conaty
Aidan Conaty
tcichina.co.uk | think China, think