If you sell into China, manufacture in China, or even just visit Canton Fair with your brand on your booth, you need a registered trademark in China — and you need it before your competitor does. China follows a first-to-file system, not first-to-use: whoever files the mark first generally owns it, even if you have used it for years abroad. Brand squatting is real, expensive to reverse, and preventable. This guide walks through why to file, the CNIPA process, the 45 classes, costs, and how to respond if your mark is already taken.
Why Register in China Before You Need To
The risk is concrete. Squatters scan overseas brand registers, file the same mark in China in relevant classes, and then either sell it back to you at a markup or block your products at Chinese customs. Without a Chinese registration, you cannot stop a squatting factory from making lookalikes, and you cannot record your mark with customs to seize infringing exports. Filing early — before scaling China sales — costs a few hundred dollars; reversing a squat costs thousands and takes months.
The CNIPA Process
Applications go to the China National Intellectual Property Administration (CNIPA, formerly the trademark office). Under the Trademark Law, examination must be completed within nine months of receipt. The stages are:
- Search: check the CNIPA database for prior identical or similar marks in your classes.
- Filing: submit the application with the mark, classes, and applicant details.
- Examination: CNIPA reviews formalities and absolute grounds (distinctiveness, legality).
- Preliminary publication: if approved, the mark is published for a three-month opposition period.
- Registration: if no opposition succeeds, the registration certificate issues. A registration is valid for ten years and renewable indefinitely.
Real-world end-to-end timing is typically 9–12 months from filing to registration. Foreign applicants must use a registered Chinese trademark agent; a foreign company cannot file directly.
The Nice Classification — Choose Your Classes Carefully
Trademarks in China are registered by class, following the Nice Classification’s 45 classes: 1–34 for goods, 35–45 for services. You must register in the classes covering your actual products — a mark registered only for clothing does not protect you for accessories.
Most brands file their core product class first, then consider defensive classes. For example, a consumer-electronics brand might register Class 9 (electronics), Class 35 (retail and online sales), and Class 42 (software design). Each additional class adds government fees and agent cost, so balance coverage against budget.
Madrid System and International Registration
If you already hold a home-country registration or application, you can extend protection to China (and many other countries) through the WIPO Madrid System in a single filing. China is a Madrid member; the international registration is then examined by CNIPA under the same domestic rules. For a pure China focus, a direct national filing is often simpler and faster to manage.
If Your Mark Is Already Squatted
Do not panic, and do not immediately pay the squatter. Options include:
- Opposition: if the squatting mark is still in its three-month publication window, file an opposition citing your earlier well-known rights.
- Invalidation: after registration, request a declaration of invalidation based on prior use, bad-faith filing, or well-known mark status.
- Non-use cancellation (“撤三”): if the squatter has not used the mark for three years, file for cancellation for non-use.
- Purchase negotiation: sometimes a negotiated assignment is faster and cheaper than litigation — but only after legal review.
Customs Recordal
Once registered, record your trademark with China Customs. With recordal in place, customs can detain suspected counterfeit exports at the border — a powerful tool if your products are being copied and shipped out of China. Combine the registration, the customs recordal, and a monitored watch on e-commerce platforms for a full protection stack.
Cost, Timing, and Practical Filing Strategy
Filing costs combine official CNIPA fees per class plus agent service fees; a direct filing in one class typically runs to a modest four-digit RMB total, with Madrid international registration adding WIPO fees in Swiss francs. The total is small relative to the cost of fighting a squat or losing a Chinese market entry. Budget for your core product class plus retail and online services in Class 35, and revisit defensive classes as revenue grows.
A practical sequence is: search and clear the mark; file the core classes; wait through examination and the three-month opposition window; receive the registration; then record with China Customs and monitor e-commerce platforms. If you manufacture under an OEM arrangement, include trademark warranty and IP indemnity in your supply contract — the factory must guarantee it is not infringing anyone’s mark, and must help you enforce yours against lookalike producers in the same cluster.
Also remember that a Chinese registration is not a one-time event. Maintain renewal filings before the ten-year expiry, police new filings that resemble your mark, and keep evidence of use — sales records, packaging, advertising — so that if an invalidation or opposition ever arrives, you can prove your prior rights. Treat the trademark as a business asset, not just a filing.