China Trademark Registration: Your Brand Protection Guide

When expanding into Asian markets, particularly China, protecting your intellectual property isn't just important—it's absolutely critical. China's office registered trademarks in which about 4.8 million classes were specified, with that office accounting for a sizable 43.5% of all trademark registration class counts recorded worldwide in 2024. This staggering volume reflects both the massive opportunity and the intense competition brands face when entering the Chinese market.

Understanding China's First-to-File System

Unlike common law countries such as the United States or United Kingdom, China follows a first-to-file system, unlike many Western countries that prioritize first use. This fundamental difference has profound implications for foreign businesses. In China, the first person or entity to register a trademark owns it—regardless of who used it first. Your decades of brand-building elsewhere means nothing if someone beats you to the China National Intellectual Property Administration (CNIPA) filing office.

In 2024, approximately 6.7 million trademark applications were filed, with 3.1% from foreign applicants. While foreign applications represent a small percentage, they face significant challenges in an increasingly crowded trademark landscape.

The Real Cost of Trademark Squatting

Trademark squatting—where opportunistic individuals register well-known brands before the legitimate owner—remains one of the biggest threats to foreign companies in China. The consequences extend far beyond legal fees. A local individual had registered the Manolo Blahnik mark in China before the brand officially entered the market, leading to a long-running legal battle. After more than two decades of litigation, China's Supreme People's Court ruled that the pre-registered trademark was invalid.

Other high-profile cases include Michael Jordan's battle with Qiaodan Sports and Apple's $60 million settlement with Proview over the "iPad" trademark. These examples underscore a harsh reality: Some Chinese manufacturers don't even wait for their relationship with their foreign company product buyers to decline before stealing brand names – factories register customer trademarks just days after the initial outreach. This reflects both economic challenges and exploitation of legal loopholes.

Why Register Before You Reveal

The single most important piece of advice for any business eyeing the Chinese market is simple: register your trademark before revealing it to anyone—including potential manufacturers, distributors, or business partners. Once someone else registers "your" mark in China, they can block exports of any goods carrying that brand — including yours!

This precaution applies even if you're only outsourcing manufacturing in China without selling domestically. Your contract manufacturer could register your brand and later hold your products hostage or sell counterfeit versions using your registered trademark.

The Registration Process and Timeline

Foreign applicants must work through a licensed Chinese trademark agent to file applications with CNIPA. The process typically takes 9-12 months under normal circumstances, though complications can extend this timeline. By early 2025, China had about 50 million active registered trademarks, with nearly 20,000 new applications submitted daily.

Before filing, conduct a comprehensive trademark search. The sheer volume of existing trademarks makes conflicts increasingly likely. With over 50 million registered trademarks, the most memorable and favorable combinations of Chinese characters have largely been taken. Unlike English, which uses 26 letters to form countless unique short words, Chinese relies on about 3,500 commonly used characters. The number of meaningful, easy-to-pronounce, and commercially positive two- or three-character combinations is limited. Over decades, these valuable combinations have been registered, making trademark conflicts far more likely.

Beyond Your English Brand Name

International businesses often make a critical mistake: they only register their English brand name. In the Chinese market, consumers frequently use Chinese translations or transliterations of foreign brands. McDonald's becomes "Mai Dang Lao," and Coca-Cola is known as "Ke Kou Ke Le."

To maintain comprehensive protection, register both your English mark and its Chinese equivalent—whether that's a phonetic transliteration or a meaningful translation. Without this dual protection, squatters can register the Chinese version and profit from your brand recognition among local consumers.

Strategic Class Selection

China uses the Nice Classification system with 45 classes covering goods and services. Smart trademark protection requires registering in your core business class and related categories where you might expand. Even if you've properly protected your trademark in Classes 25 (clothing) and 18 (leather products), a competitor could register the same mark in Class 26 (clothing accessories like buttons and zippers) and then claim you're infringing when you use those components.

Don't limit your protection to your current operations. Consider your five-year business plan and register defensively in adjacent classes to prevent competitors from boxing you in.

Market Entry Across Asia

While China dominates Asia's trademark landscape, businesses expanding throughout the region must understand that most Asian markets—including Japan, South Korea, Vietnam, Thailand, and Indonesia—also operate on first-to-file principles. The Madrid Protocol, administered by the World Intellectual Property Organization (WIPO), allows trademark owners to seek protection in multiple countries through a single application.

However, for China specifically, many experts recommend filing directly through CNIPA rather than relying solely on Madrid Protocol applications. Direct filing often provides better control and faster processing for this critical market.

Maintaining Your Rights Through Use

Registration is only the beginning. In China, registering your trademark is essential, but without use, your rights are vulnerable. Simply registering your mark will not protect you if you cannot demonstrate genuine, commercial use. If your trademark remains unused for three consecutive years, competitors can petition for cancellation.

Keep detailed records of your trademark use in China, including product packaging, advertising materials, sales invoices, and e-commerce platform listings. These documents become crucial evidence if you need to defend against a non-use cancellation action.

Taking Action Now

The complexities of China trademark registration shouldn't deter you from entering this enormous market—but they demand respect and preparation. China had by far the highest number of trademark registrations in force in 2024, with a total of almost 49.8 million. It was followed by the offices of the US (3.6 million) and India (3 million). This massive trademark ecosystem requires strategic thinking and proactive protection.

Start your trademark protection journey before you start manufacturing negotiations, before you attend trade shows, and certainly before you launch marketing campaigns. Work with qualified intellectual property professionals who understand both Chinese trademark law and your industry. The investment in proper trademark registration is minimal compared to the cost of fighting squatters, rebranding, or losing market access entirely.

Your brand is your most valuable asset when expanding into Asian markets. In China's first-to-file system, the race goes to the swift—not necessarily the original. File early, file comprehensively, and protect the brand you've worked so hard to build.