By James Robertson/ On 20 Sep, 2024

China Trademark Registration Guide 2024: Everything You Need to Know

Understanding China’s trademark system is crucial for any international brand entering the Chinese market. This comprehensive guide covers everything you need to know about trademark registration in China in 2024.

Why Trademark Protection Matters in China

China operates on a “first-to-file” system, meaning whoever files first owns the trademark rights—regardless of who used it first internationally. This has led to numerous cases of trademark squatting, where local entities register famous foreign brands before the actual brand owner does.

Notable Examples

New Balance lost their Chinese trademark and had to pay $16 million
Michael Jordan fought a 7-year legal battle over his Chinese name
Tesla’s trademark was initially registered by a Chinese businessman

The Chinese Trademark Registration Process

Step 1: Comprehensive Search (2-3 weeks)

Before filing, conduct thorough searches across:

Exact matches in all 45 Nice Classification classes
Phonetic similarities in Chinese
Visual similarities in logos
Translation variations

Pro Tip: Chinese consumers often create their own translations of foreign brand names. Search for these “folk translations” to avoid conflicts.

Step 2: Chinese Name Selection

Choosing the right Chinese name is critical. Consider:

Phonetic similarity to your original name
Positive meaning in Chinese
Cultural appropriateness
Memorability for Chinese consumers

“The China IP Gateway team helped us build a full defensive trademark strategy. The dashboard showed real-time updates.” - Kenji Tanaka, Luminex Japan

Step 3: Multi-Class Filing Strategy

Most brands need protection in multiple classes:

Core classes: Your actual products/services
Defensive classes: Adjacent categories where infringement is likely
E-commerce classes: Class 35 for online retail is essential

Step 4: Application Filing (1-2 weeks)

Required documents:

Application forms for each class
Clear trademark specimens
Applicant identification documents
Power of Attorney

Step 5: Examination (9-12 months)

CNIPA (China National Intellectual Property Administration) reviews your application for:

Absolute grounds (descriptiveness, prohibited marks)
Relative grounds (conflicts with existing marks)

Step 6: Publication & Registration (3 months)

If approved, your trademark is published for opposition. If no opposition is filed within 3 months, you receive your registration certificate.

Total Timeline: 12-15 months

Pricing Structure

Basic Registration: USD 600-900 per class

Includes search, filing, and official fees
Monitoring during examination
Certificate delivery

Comprehensive Protection Package: Custom pricing

Multi-class registration
Defensive filing strategy
Chinese name consultation
Ongoing monitoring

Common Challenges & Solutions

Challenge 1: Similar Existing Marks

Solution: File in specific subclasses or modify your mark slightly while maintaining brand identity.

Challenge 2: Descriptive Terms

Solution: Add distinctive elements or create a coined term that’s unique to China.

Challenge 3: Translation Issues

Solution: Work with native Chinese trademark experts who understand both linguistic and cultural nuances.

Best Practices for International Brands

File Early: Before entering the market or making announcements
File Broadly: Cover all relevant classes from the start
Monitor Actively: Set up trademark watching services
Enforce Consistently: Take action against infringers quickly
Use Professional Help: The cost of mistakes far exceeds professional fees

Post-Registration Maintenance

Renewal: Every 10 years
Use Requirements: Use within 3 years to avoid cancellation
Record keeping: Maintain evidence of use
Customs recordation: Register with Chinese customs for border enforcement

Conclusion

Trademark protection in China requires proactive planning and expert guidance. With the right strategy, you can secure strong protection for your brand in the world’s largest consumer market.

Ready to protect your brand in China? Contact our trademark experts for a free consultation.

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By Peter Lin/ On 15 Oct, 2024

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