Last updated: 2026-05-29
China’s trademark system is administered by the China National Intellectual Property Administration (CNIPA) and is designed to protect brand identities for goods and services. Trademarks in China can include words, logos, combinations, or service marks, and the system is based on a first-to-file principle, meaning the first applicant to file a mark with CNIPA generally obtains exclusive rights.
Foreign companies and individuals can register trademarks in China, but they must work through a registered Chinese trademark agency.
Types of Trademarks in China
- Word Marks: Includes letters, numbers, and words.
- Figurative Marks: Logos, symbols, or graphical elements.
- Combination Marks: A mix of words and graphics.
- Colour Combinations: Specific arrangements of colors that distinguish a brand.
- Sound Marks: Unique sounds that are associated with a brand.
- Three-Dimensional (3D) Marks: Distinctive shapes or packaging.
Filing Routes for Trademarks in China
Applicants have two main routes for filing trademark applications in China:
- Domestic Filing: Directly file, or a subsequent application within 6 months from the first filing/ international exhibition date in another contracting state of the Paris Convention.
- Territory Extension via the Madrid System: If the applicant’s country or region is a member of the Madrid Protocol, they can request territorial extension to China in their international application. This method is more efficient for seeking protection in multiple (especially more than 3) countries, including China.
Costs of Trademark Registration in China
Understanding the costs involved in trademark registration helps businesses budget effectively:
- Goverment Fees: CNIPA charges RMB 300 per class for up to 10 items. Additional items cost RMB 30 each. Please read more about Chinese Trademark Application Costs. We also strongly recommend using our calculator to evaluate trademark application fees in advance.
- Professional Fees: Using a trademark attorney or agent may involve additional costs, depending on the service provider. Click here to verify your trademark firm.
Note: Renewal Fees of 500 CNY per class should be paid every 10 years for renewals.
Required Documents for Trademark Application
We need the following docs from clients:
- Identity documents of applicant;
- Filled INSTRUCTIONS FOR TRADEMARK REGISTRATION (with trademark sample);
- Signed POA for trademark registration;
- Priority Documents, if applicable.
Trademark Registration Process in China
The registration process typically takes 9+3 months and includes:
| Step | Description | Timeline |
|---|---|---|
| Filing | Conduct a trademark search to avoid conflicts, and submit the application to CNIPA | 10 days |
| Examination | Formal & substantive review | 9 months |
| Publication & Registration | Public opposition & registration | 3 months |
Pre-filing Search
Search CNIPA’s database to identify conflicting marks. This reduces the risk of rejection or opposition.
Read more on how to utilize an image to conduct a trademark search.
Filing Application
Submit the application, translation, and required documents to CNIPA. Foreign applicants must use a registered Chinese trademark agency.
Examination by CNIPA
CNIPA examines applications formally and substantively, checking distinctiveness and conflicts.
Publication and Registration
Approved applications are published for 3 months. If no opposition occurs, the trademark is registered, and a certificate is issued.
Common Reasons for Trademark Refusal
Trademark applications in China may be refused for several reasons, including:
Relative Reasons
- Similarity to Existing Marks: The proposed mark is deemed confusingly similar to an existing registered/ pending trademark (e.g., “Starbake” vs. “Starbucks,”).
- Cross-Class Protection for Well-Known Marks: E.g., using “Coca-Cola” for clothing if it’s already famous for beverages.
- Infringement of Prior Rights: Unauthorized use of 3rd party’s work, design, or celebrity images (e.g., Yao Ming).
- Bad Faith Filing: Applications submitted with malicious intent, such as squatting (copying foreign brands not yet registered in China) and hoarding (registering trademarks solely for resale, with no intent to use).
Absolute grounds
- Lack of Distinctiveness: The mark is too generic (e.g., “Aspirin” for medicine) or descriptive (e.g., “sweet” for cake) and fails to distinguish the goods or services.
- Negative Social Impact: E.g., “Gangster”, “Thug”.
- Misleading Terms: e.g., “Organic” without certification for fruits.
- Religious or Cultural Insensitivity: Direct use of religious symbols (e.g., Buddha statues, crosses) without authorization.
Re-Examination
Applicants facing a refusal can ask CNIPA to re-examine the decision if they are not satisfied with the refusal. Read more about the deadline for filing a reexamination.
The re-examination takes 9 months typically (Art. 34).
Trademark Opposition in China
Any interested parties can file an opposition on the grounds of the following reasons within a publication period of 3 months.
Grounds for Opposition
- Similarity to earlier registered (Art. 30)/ published (Art. 30)/ applied (Art. 31)/ used (Art. 32) trademarks.
- infringing earlier rights (e.g., design, copyright) (Art. 32).
- squatting with prior relationship (Art. 15).
Please read more at Chinese Trademark Law.
Responding to Opposition
The applicant must respond within 30 days by submitting evidence and counterarguments to CNIPA.
Duration of Opposition
The process typically takes 12 months from the publication date (Art. 35).
Invalidation of Trademarks
Third parties or CNIPA can initiate invalidation proceedings under similar grounds as opposition, but invalidation is only for registered trademarks after publication, but it is better to be requested within 5 years from the date of registration.
Duration of Opposition
The process typically takes 12 months from the requesting date (Art. 45).
Cancellation of Trademarks
Anyone can request CNIPA to cancel a trademark only on the reason that the trademark has NOT been used in China for three consecutive years.
Duration of Cancellation
The process typically takes 9 months from the requesting date (Art. 49).
The petitioner facing TM holding or owner facing cancellation can ask CNIPA to re-examine the decision if they are not satisfied with the refusal. The re-examination takes another 9 months typically (Art. 54).
FAQ on Chinese Trademarks
Typically 12 months, including examination and publication.
No. Foreign applicants must use a registered Chinese trademark agent.
Application fee, 300 CNY per class.
Yes, opposition can be filed within 3 months after publication.
Yes, on grounds of similarity to prior marks, lack of distinctiveness, or bad faith.
Highly recommended to avoid conflicts.
Yes, but additional fees apply.
Further information
Overview of Chinese Patent System
Comprehensive Guide to Copyright Registration and Protection in China
For expert guidance and assistance in navigating the Chinese trademark system, reach out to our team today to safeguard your brand.
