How to Register a Trademark in China

China’s consumer market is enormous and highly competitive. Registering a trademark gives businesses exclusive rights over brand identifiers such as names, logos, and slogans in the People’s Republic of China (PRC). China follows a first‑to‑file system: whoever files an application first will normally obtain exclusive rights. This system, together with the country’s ten‑year validity period for registered marks, means that proactive trademark registration is essential for any company entering the Chinese market.

Legal framework and eligibility

Applicable laws and authorities

The PRC’s trademark regime is governed by the Trademark Law of the People’s Republic of China and its Implementing Regulations. Article 2 of the law gives the Trademark Office of the China National Intellectual Property Administration (CNIPA) authority to administer trademarks across the country. The Trademark Review and Adjudication Board handles appeals and disputes. The law applies to trademarks, service marks, collective marks, and certification marks.

Who may register

Article 4 of the Trademark Law states that any natural person, legal entity, or other organization that wishes to acquire exclusive rights to use a trademark for goods or services must file an application. Foreign applicants can register if reciprocity exists between China and their home country. However, both the law and CNIPA’s FAQ specify that a foreign applicant without a business domicile in China must appoint a Chinese trademark agency to handle filing matters. A wholly‑owned subsidiary incorporated under Chinese law is considered a domestic applicant. Foreign nationals residing in China with a valid residence permit can file directly at the Trademark Office or through CNIPA’s online system but must provide identity documents and a signed application form.

What can be registered

A trademark may include words, designs, letters, numerals, three‑dimensional symbols, combinations of colours, or combinations of these elements. To be registerable, the mark must be distinctive and not conflict with prior rights. Article 9 emphasises that a trademark should be distinguishable and must not infringe earlier rights. The law prohibits registration of signs identical or similar to state flags, emblems, official hallmarks, and other protected symbols. Generic or descriptive terms lacking distinctiveness are also barred, although such marks may be registered if they have acquired distinctiveness through use. Three‑dimensional shapes that arise from the nature of the goods or are necessary to obtain technical effects are excluded. Article 18 requires any foreign person or enterprise applying for a trademark in China to appoint a designated Chinese trademark agency.

Pre‑application considerations

Conducting a trademark search

China operates under a first‑to‑file system, meaning that the first applicant usually obtains rights. Therefore, applicants should conduct a thorough search before filing to ensure no identical or similar marks already exist. CNIPA operates a trademark search portal (https://wcjs.sbj.cnipa.gov.cn) where users can search for existing marks. According to an official notice, from 6 May 2024, the online search service requires user registration. The search database is in Chinese but provides English instructions; professional help is recommended for foreign applicants. If the mark is protected in foreign countries and the applicant intends to claim priority, the first filing must be within six months and a written statement plus copies of the earlier application must be submitted within three months.

Selecting goods and classes

Applications must designate goods or services according to the Nice Classification and China’s own classification guide. Applicants must specify the class and the list of goods or services for which protection is sought. Article 20 mandates a separate application for each class when the same mark is to be used for goods in different classes. CNIPA’s fee schedule allows up to 10 items of goods or services per class for the basic application fee; extra items incur a surcharge. Careful selection of classes is important because an overly broad list may expose the mark to non‑use cancellation or oppositions, while an overly narrow list limits protection.

Application procedure

The process to register a trademark in China consists of the following stages. The timeline below is based on the statutory examination periods set out in CNIPA guidelines and the USPTO’s China trademark protection presentation.

Stage	Description and timeframe	Citation
Prepare and file application	Complete the Trademark Registration Application Form (available via the China Trademark Network) and prepare supporting documents. Required documents include a trademark drawing, proof of identity (resident identity certificate or certificate of legal person), and any priority claim documents. Applicants must also provide evidence of eligibility to engage in business for personal applicants and, when using an agent, a power of attorney. Foreign applicants must appoint a registered trademark agency.	CNIPA requirements
Submission	Applications can be filed online via the CNIPA online system, in person at the Trademark Registration Hall or other service windows, or through a registered trademark agency. Foreign applicants without a Chinese domicile are required to file via an agency.	CNIPA guidelines
Formal examination (3‑4 months)	After filing, the Trademark Office conducts a formality check to verify the applicant’s name, address, nationality, power of attorney and goods/services descriptions. According to the USPTO’s presentation on trademark protection in China, CNIPA aims to complete the examination procedure within nine months. The first stage—formal examination—takes around 3 to 4 months. If the application meets formal requirements, CNIPA issues an Official Filing Receipt with an application number; if not, an office action requests amendments.	USPTO/CNIPA presentation
Substantive examination (4‑5 months)	The application then undergoes a substantive examination to determine compliance with Chinese Trademark Law. Examiners assess distinctiveness and conflicts with earlier rights. This phase typically lasts 4–5 months. If the mark fails to meet the requirements, CNIPA issues a rejection, which can be appealed to the Trademark Review and Adjudication Board (TRAB).	USPTO/CNIPA presentation
Publication and opposition (3 months)	If the mark passes the substantive examination, it is preliminarily approved and published in the Trademark Gazette for a three‑month opposition period. Any party may file an opposition within this period. If no opposition is lodged or an opposition is unsuccessful, the registration proceeds.	USPTO/CNIPA presentation; Trademark Law
Issuance of certificate	After the opposition period, CNIPA issues a Trademark Registration Certificate, typically within 1‑2 months. The exclusive right to use the mark begins from the date the opposition period ends.	USPTO/CNIPA presentation; Trademark Law

Application fees

CNIPA’s official fee schedule outlines the charges for trademark services. For a paper application, the fee for accepting a trademark application is CNY 300 for up to 10 items of the chosen class, with a CNY 30 surcharge for each additional item. Electronic applications benefit from a reduced fee of CNY 270 for the same limit, with CNY 27 per additional item. Additional official fees apply for other actions: re‑issuance of a certificate (CNY 500 for paper or CNY 450 for electronic filing), transfer of a registered trademark (CNY 500 / CNY 450), opposition (CNY 500 / CNY 450), recordal of licence (CNY 150 / CNY 135), and other procedures. Professional service fees charged by agencies are separate and vary by provider.

Step‑by‑step practical considerations

1. Design and clear your mark – Ensure the mark is distinctive and does not contravene the prohibitions in Articles 10–12, such as state symbols, generic names, or deceptive signs. Consider creating a Chinese version of your brand for linguistic and cultural adaptation. Conduct searches in both English and Chinese.
2. Determine classes and goods – Use the Nice Classification and CNIPA’s Chinese Classification Guide. The classification guide lists goods/services names acceptable to CNIPA. Incomplete or inaccurate descriptions can lead to an office action requiring amendment. Avoid overly broad specifications; specify goods or services relevant to your business.
3. Prepare documents – Complete the application form, prepare a representation of the mark, and gather identification documents. If claiming priority, submit a written statement and copies of the earlier application within three months of filing. For collective or certification marks, provide additional documentation.
4. Appoint an agent (if applicable) – Foreign applicants without a domicile in China must appoint a trademark agency registered with CNIPA. Domestic applicants and foreign residents with a valid residence permit may file directly.
5. File the application – Submit the application through the online system or at the Trademark Registration Hall. Pay the official fees once CNIPA confirms formal compliance.
6. Respond to office actions – If CNIPA raises objections during the formal or substantive examination, respond within the specified period. Address issues such as the specification of goods or distinctive character. Failure to respond will result in refusal.
7. Monitor publication and opposition – During the three‑month publication period, monitor potential oppositions. If an opposition is filed, both parties present arguments, and CNIPA will adjudicate. Decisions can be appealed to the TRAB and then to the Beijing IP Court.
8. Receive certificate and use the mark – Once the mark is registered, CNIPA issues a registration certificate. The exclusive right starts from the end of the opposition period. Register the mark with Chinese customs to enforce rights at the border and monitor for infringement.

Duration, renewal, and post‑registration obligations

Term of protection and renewal

A registered trademark in China is valid for ten years from the date of approval. To maintain protection, the registrant must apply for renewal within six months before the expiration date. If renewal is not filed during this period, a six‑month grace period allows renewal subject to payment of a late fee. Failure to renew within the grace period will result in cancellation. Each renewal also lasts ten years. Renewal can be handled through a trademark agency or via CNIPA’s online system. The official renewal fee is CNY 500 for paper filing or CNY 450 electronically. Late renewals incur an additional fee of CNY 250 (paper) or CNY 225 (e‑filing).

Use requirements and cancellations

Chinese trademark law requires a trademark to be used in respect of the goods or services listed. If the mark is altered unilaterally, or the registrant changes its name or address without filing a change, CNIPA may order corrections or cancel the mark. A trademark may also be cancelled if it is not used for three consecutive years. Maintaining proof of use, such as packaging, invoices and advertising materials, is therefore essential.

Assignment, licensing, and recordation

Assignments of registered trademarks must be conducted through CNIPA. Assignor and assignee must conclude a contract and jointly file an application; the assignee becomes the registrant when the assignment is published. Trademark licences must be recorded with CNIPA. The licensor must supervise the quality of the goods, and the licensee must indicate the licensor’s name and origin on goods. Licensing agreements are recorded for a fee of CNY 150 (paper) or CNY 135 (electronic).

Enforcement and infringement actions

Registrants can enforce their trademarks through administrative actions, civil litigation or border measures. CNIPA and local market supervision bureaux can investigate infringement. The law prohibits unauthorized use or reproduction of registered marks and provides for fines and confiscation of infringing goods. Civil courts can award damages and injunctive relief. Recordation with Chinese Customs allows the customs authority to detain infringing goods at the border. Where a registered trademark is infringed, the registrant may also bring criminal actions in serious cases.

International protection via the Madrid System

If a business already owns a home‑country trademark registration, it can extend protection to China through the Madrid System administered by the World Intellectual Property Organization (WIPO). CNIPA’s FAQ notes that foreign applicants may request territorial extension to China via the Madrid System. Madrid applications designate China and, once examined by CNIPA, can produce the same effect as a domestic registration. The examination, opposition, duration, and renewal requirements are similar to those for domestic applications. Madrid applications still operate under the first‑to‑file principle; therefore, early filing is advisable.

Conclusion

Registering a trademark in China is crucial for companies seeking to secure and enforce their brand rights in the world’s largest market. The process is structured but involves detailed formal and substantive examination, and the timeline extends over a year. Understanding the legal requirements, accurately selecting classes, conducting prior searches, and appointing a qualified trademark agent will help applicants navigate the system efficiently. Once registered, timely renewal, proper use, and vigilant enforcement are necessary to maintain and protect the trademark under Chinese law.

FAQ

How long does it take to register a trademark in China?

CNIPA aims to complete the examination of a trademark application within nine months. In practice, the process involves a 3–4 month formal examination, a 4–5 month substantive examination, and a 3‑month publication period. A registration certificate is usually issued within 1–2 months after the opposition period ends. Therefore, a smooth application without oppositions may take around 12–14 months from filing to receipt of the certificate.

How long does a Chinese trademark last?

A Chinese trademark registration is valid for ten years from the date of approval. Each renewal extends protection for another ten years. The registrant must apply for renewal within six months before expiry, with a six‑month grace period available.

Do I need a local attorney or agent to file?

Yes. Foreign applicants without a business domicile in China must entrust a trademark agency established in accordance with Chinese law to handle filing matters. A branch company registered under Chinese law counts as a domestic entity and may file directly. Foreign nationals with a residence permit may file directly but must provide a signed application form, their ID card and a valid residence permit.

What documents are required for a trademark application?

Applicants must complete the Trademark Registration Application Form and provide a representation of the mark, proof of identity (ID card or certificate of legal person or other organization), and documents proving eligibility to engage in business if the applicant is a natural person. If claiming priority, applicants must file a written declaration and submit copies of the earlier application or proof of exhibition within three months. Applicants using an agent must supply a Power of Attorney.

How much does it cost to register a trademark in China?

The official fee for accepting a trademark application is CNY 300 for a paper application or CNY 270 for an electronic application, covering up to 10 items of goods or services per class. Each additional item costs CNY 30 (paper) or CNY 27 (electronic). Professional agent fees vary by service provider. There are separate fees for re‑issuance of certificates, transfer, opposition and other procedures. Renewing a trademark costs CNY 500 for paper filing or CNY 450 electronically, with additional late fees of CNY 250 (paper) or CNY 225 (electronic).

Can I file a multi‑class application?

China allows multi‑class applications, but Article 20 of the Trademark Law stipulates that an application must be filed for each class when the same mark is used on goods in different classes. Therefore, multiple classes can be combined in one filing, but fees are charged per class. Applicants should ensure goods or services are accurately classified.

What happens if my application is rejected?

If CNIPA rejects an application, it will notify the applicant in writing. The applicant may file a request for review with the Trademark Review and Adjudication Board within 15 days of receiving the notice. If unsatisfied with the TRAB’s decision, the applicant can appeal to the Beijing IP Court within 30 days. The USPTO presentation notes that a TRAB decision on a refusal typically takes about nine months.

Do I need to use my trademark in China?

Yes. Chinese trademark law requires trademark owners to use their marks. CNIPA may cancel a registered trademark if it has not been used for three consecutive years. The registrant must also avoid altering the mark unilaterally or failing to update its name or address; doing so may lead to cancellation.

Can I claim priority from an overseas application?

Yes. Under Article 24 of the Trademark Law, applicants who file an application for the same trademark for identical goods in China within six months of the first foreign filing may claim priority. A written declaration must be made at filing, and copies of the earlier application must be submitted within three months. Applicants exhibiting goods at an international exhibition recognized by the Chinese Government may also claim priority within six months of the exhibition.

Is the Madrid System available for China?

Yes. CNIPA’s FAQ states that applicants may extend their trademarks to China via the Madrid System for the International Registration of Marks. The World Intellectual Property Organization (WIPO) provides information on filing under the Madrid Protocol for territorial extension to China. Madrid filings are examined by CNIPA and, if approved, have the same legal effect as domestic registrations.