Trademark Registration Guide
A trademark is a sign used to distinguish the source of goods or services, and it can take the form of words, graphics, letters, numbers, color combinations, sounds, or any combination thereof.
In China, the principle of “registration protection” applies to exclusive trademark rights. Only trademarks approved and registered by the National Intellectual Property Administration are entitled to exclusive rights under the law and enjoy legal protection.
For foreign individuals and enterprises planning to engage in trade, investment, cross-border e-commerce, brand management, or entrepreneurial activities in China, it is advisable to apply for trademark registration as early as possible to avoid having their brands preemptively registered by others.
Before submitting an application, you should first determine the content of the trademark to be registered, including:
• Trademark name
• Logo or graphic
• Chinese and English names
• Goods or service items
China adopts the Nice Classification system, which comprises 45 classes:
• Classes 1–34: Goods
• Classes 35–45: Services
Applicants must select the corresponding classes and goods/services based on their business scope. One trademark may be applied for across multiple classes, but separate fees are required for each class.
Prior to filing, it is recommended to use the Chinese trademark search system to check whether identical or similar trademarks already exist.
Key areas of inquiry include:
• Whether an identical trademark already exists
• Whether similar trademarks exist
• Whether the trademark falls under prohibited registration circumstances
• Whether it infringes upon prior rights held by others
Although a trademark search is not a mandatory procedure, it can significantly reduce the risk of rejection.
Applicants may submit their applications through the following methods:
Method 1: Online application
Submit an electronic application via the National Intellectual Property Administration’s online trademark service system.
Method 2: On-site window application
Submit the application at the National Intellectual Property Administration’s trademark acceptance window or trademark registration hall.
Method 3: Entrust a trademark agency to handle the process
Foreign individuals or foreign enterprises are generally required to appoint a legally established trademark agency to handle trademark registration; however, foreigners or foreign enterprises with a habitual residence or place of business in China are exempt from this requirement.
After submission, the process typically involves the following stages:
1. Formal examination
2. Issuance of an acceptance notice
3. Substantive examination
4. Preliminary announcement of approval
5. Publication period
6. Approval of registration and issuance of the trademark registration certificate
If the examination reveals similar trademarks, lack of distinctiveness, or other legal issues, the application may be rejected.
When the applicant is a foreign individual:
• Trademark Registration Application Form
• Passport or other identity document
• Trademark design
• List of goods or services
• Power of attorney for trademark agency (if using an agency)
When the applicant is a foreign enterprise:
• Trademark Registration Application Form
• Enterprise registration certificate
• Trademark design
• List of goods or services
• Power of attorney for trademark agency
• Chinese translation (where necessary)
If claiming priority, additional documents are required:
• Priority claim statement
• Proof of earlier filing
• Chinese translation
When applying for collective marks, certification marks, or other special types of trademarks, supplementary materials must also be submitted.
Many international brands acquire Chinese names after entering the Chinese market. It is recommended to register both the English and Chinese versions of the trademark simultaneously to prevent third parties from preemptively registering the Chinese name.
China follows the “first-to-file” principle for trademarks. Generally, the first applicant who submits a qualified application will obtain registration rights, so applicants should not wait until their products are launched before filing.
Trademark protection is limited to the approved classes and designated goods/services. Enterprises with broad business scopes should consider strategically covering core classes as well as related categories.
Even after registration, ongoing vigilance over market conditions is essential, and timely legal action should be taken against infringement, preemptive registration, or malicious applications.
Registered trademarks are valid for 10 years. Renewal procedures must be completed promptly before expiration; otherwise, trademark rights may lapse.
Enterprises should carefully retain contracts, invoices, advertisements, product packaging, website screenshots, and other evidence of trademark usage to address subsequent objections, invalidation proceedings, or revocation applications.