Trademark Registration in China: Complete Guide to Process & Costs (2026)

Last updated: 2026-09-16

Key Takeaways

• China uses a first-to-file system: the first applicant to file a mark with CNIPA generally obtains exclusive rights, making early filing critical.
• Registration takes approximately 12 months: 9 months for CNIPA examination + 3 months for publication and opposition.
• Official fees are RMB 300 per class (up to 10 items), with RMB 30 per additional item; renewal is RMB 500 per class every 10 years.
• Foreign applicants must use a registered Chinese trademark agency or file via the Madrid System territorial extension.
• Trademarks can be invalidated or cancelled: invalidation within 5 years on specific grounds; cancellation if unused for 3 consecutive years.
• Six trademark types are recognized: word marks, figurative marks, combination marks, color combinations, sound marks, and 3D marks.

China is the world’s largest trademark filing market, with the China National Intellectual Property Administration (CNIPA) receiving over 934,000 trademark applications in 2023 alone—more than any other country. China’s trademark system operates on a first-to-file principle, meaning the first person to file a mark generally obtains the exclusive rights, regardless of who used it first. This makes early registration critical for any brand entering the Chinese market. This guide covers everything you need to know: trademark types, filing routes, costs, required documents, the CNIPA examination process, refusal reasons, opposition, invalidation, cancellation, and practical tips to maximize your chances of successful registration.

Types of Trademarks in China

China’s trademark system, administered by the China National Intellectual Property Administration (CNIPA), recognizes six types of trademarks. Each type protects a different aspect of brand identity:

Regardless of type, all trademarks must meet the distinctiveness requirement under the Chinese Trademark Law—they must be capable of distinguishing the goods or services of one entity from those of others.

Filing Routes: Domestic Filing vs. Madrid System

Applicants have two main routes for filing trademark applications in China. The choice depends on the applicant’s nationality, the number of countries where protection is sought, and strategic considerations:

Paris Convention priority: If you have filed a trademark application in another Paris Convention member country, you can claim priority in China within 6 months of the original filing date. This means your Chinese application will be treated as if filed on the same date as your original application, giving you priority over later filers.

Costs of Trademark Registration in China

Understanding the costs involved helps businesses budget effectively. The total cost includes government fees and professional service fees:

For a detailed breakdown of costs, read more about Chinese trademark application fees, or use our trademark fee calculator (see more below) to evaluate your application costs in advance.

You can verify your trademark firm’s registration with CNIPA here.

Required Documents Checklist

Prepare the following documents before starting the trademark application process to avoid delays:

Trademark Registration Process Step by Step

The complete trademark registration process in China typically takes approximately 12 months from filing to certificate issuance. Here is the step-by-step breakdown:

Step 1: Pre-filing Trademark Search

Before filing, search CNIPA’s trademark database at sbj.cnipa.gov.cn to identify any conflicting or similar marks. This is the most critical step to reduce the risk of rejection or opposition.

A comprehensive search should check:

• Identical marks in the same class
• Phonetically similar marks (e.g., “Koka” vs. “Coca”)
• Visually similar logos or figurative elements
• Chinese translations or transliterations of foreign brand names
• Marks across multiple Nice Classification classes (cross-class protection for well-known marks)

CNIPA also offers an AI-powered image search function for figurative marks. We strongly recommend engaging a Chinese trademark attorney for professional search analysis.

Step 2: Filing the Application

Submit the application to CNIPA along with all required documents (see Required Documents Checklist above). Key filing requirements:

• Foreign applicants: Must file through a registered Chinese trademark agency—direct filing is not permitted for applicants without a Chinese domicile or business presence
• Chinese applicants: Can file directly through CNIPA’s online system
• Madidas System applicants: Can designate China as a territorial extension in their international application via WIPO
• Priority claim: If claiming Paris Convention priority, submit priority documents within 3 months of the Chinese filing date

Filing typically takes about 10 days to process and receive a filing receipt with an application number.

Step 3: CNIPA Formal and Substantive Examination

CNIPA examines each application in two phases:

• Formal examination: Checks that all required documents are submitted, fees are paid, and the application meets basic formatting requirements.
• Substantive examination: Reviews the mark for distinctiveness, absolute grounds for refusal (see Common Reasons for Refusal), and conflicts with existing registered or pending trademarks.

This examination phase takes approximately 9 months. If the examiner identifies issues, a refusal notice (Office Action) is issued, and the applicant has 15 days to respond or request re-examination.

If the applicant disagrees with the refusal decision, they can request a re-examination by CNIPA. The re-examination process typically takes another 9 months (Art. 34 of the Trademark Law). Read more about calculating re-examination deadlines.

Step 4: Publication and Registration

Applications that pass examination are published in the CNIPA Trademark Gazette for a 3-month opposition period. During this window:

• Any interested party may file an opposition (see Trademark Opposition below)
• If no opposition is filed, the trademark proceeds to registration
• If opposition is filed but resolved in the applicant’s favor, the trademark is registered

Upon successful registration, CNIPA issues a Trademark Registration Certificate, and the mark is recorded in the Trademark Register. The registration is valid for 10 years from the registration date and can be renewed indefinitely.

Common Reasons for Trademark Refusal

Trademark applications in China may be refused on either relative grounds (conflicts with third-party rights) or absolute grounds (inherent defects in the mark itself).

Relative Grounds for Refusal

These involve conflicts with existing rights of third parties:

• Similarity to existing marks: The proposed mark is deemed confusingly similar to an existing registered or pending trademark in the same or related class (e.g., “Starbake” vs. “Starbucks”).
• Cross-class protection for well-known marks: Using a well-known mark in a different class (e.g., using “Coca-Cola” for clothing when it is already famous for beverages).
• Infringement of prior rights: Unauthorized use of a third party’s copyright, design, portrait, or name (e.g., using Yao Ming’s name without authorization).
• Bad faith filing: Applications submitted with malicious intent, including:
  • Trademark squatting: Registering a foreign brand not yet registered in China
  • Hoarding: Registering trademarks solely for resale without intent to use

Absolute Grounds for Refusal

These involve inherent defects in the mark itself, independent of any third-party rights:

• Lack of distinctiveness: The mark is too generic (e.g., “Aspirin” for medicine) or merely descriptive (e.g., “Sweet” for cakes) and fails to distinguish the goods or services.
• Negative social impact: Marks containing offensive or socially harmful terms (e.g., “Gangster,” “Thug”).
• Misleading terms: Marks that deceive consumers (e.g., “Organic” used without certification for fruits).
• Religious or cultural insensitivity: Direct use of religious symbols (e.g., Buddha statues, crosses) without proper authorization.
• Use of national symbols: National flags, emblems, or names of international organizations without authorization.

Re-Examination Process

Applicants facing a refusal can request CNIPA to re-examine the decision. The re-examination process:

• Must be filed within 15 days of receiving the refusal notice
• Takes approximately 9 months for CNIPA to issue a re-examination decision (Art. 34)
• If re-examination is also refused, the applicant can file an administrative lawsuit with the Beijing Intellectual Property Court

Trademark Opposition in China

After CNIPA approves an application, it is published for a 3-month opposition period. During this window, any interested party can file an opposition to prevent the mark from being registered.

Grounds for Opposition

Opposition can be filed on the following grounds under the Chinese Trademark Law:

• Article 30: Similarity to earlier registered or published trademarks
• Article 31: Similarity to earlier applied (pending) trademarks
• Article 32: Infringement of prior rights (designs, copyrights, portraits) or unauthorized use of another party’s existing mark
• Article 15: Squatting by a party with a prior relationship (agent, distributor, business partner)

For more details, read the full text of the Chinese Trademark Law.

Responding to Opposition

If your application faces an opposition, you must respond within 30 days by submitting evidence and counterarguments to CNIPA. Effective responses typically include:

• Evidence of prior use and market presence
• Proof of distinctiveness and consumer recognition
• Arguments distinguishing the mark from the opponent’s mark
• Evidence of bad faith by the opponent (if applicable)

Duration of Opposition

The opposition process typically takes 12 months from the publication date (Art. 35). If the opposition is unsuccessful, the trademark proceeds to registration. If the opposition succeeds, the application is refused, and the applicant can appeal.

Invalidation of Trademarks

Even after a trademark is registered, third parties or CNIPA can initiate invalidation proceedings to have the registration declared invalid. Invalidation can be requested on the same grounds as opposition, but it applies to already-registered trademarks.

Key Rules for Invalidation

• Time limit: Invalidation is best requested within 5 years from the registration date. For well-known marks or bad faith filings, there is no time limit.
• Grounds: Similarity to prior marks, lack of distinctiveness, absolute grounds (misleading, negative social impact), or bad faith filing.
• Duration: The invalidation process typically takes 12 months from the request date (Art. 45).
• Effect: If invalidated, the trademark is deemed never to have been registered (retroactive effect).

Cancellation of Trademarks

Separate from invalidation, cancellation (also called non-use cancellation) can be requested by anyone if a registered trademark has not been used in China for 3 consecutive years from the date of registration.

Key Rules for Cancellation

• Ground: Non-use for 3 consecutive years (Art. 49). The trademark owner bears the burden of proving use.
• Acceptable evidence of use: Sales contracts, invoices, advertising materials, product packaging, exhibition materials showing the mark is used in commerce in China.
• Duration: The cancellation process typically takes 9 months from the request date (Art. 49).
• Re-examination: Either party can request re-examination of the cancellation decision, which takes another 9 months (Art. 54).

Important distinction: Invalidation challenges the validity of the trademark itself (it should never have been registered). Cancellation challenges the ongoing use of a validly registered trademark (it was registered but has been abandoned).

Pro Tips for Successful Trademark Registration

1. File early—before entering the Chinese market. China’s first-to-file system means trademark squatting is a real threat. File before launching products, attending trade shows, or even announcing your China plans.
2. Register both your English name and its Chinese transliteration. Foreign brands are especially vulnerable to squatters who register the Chinese version of the name. Consider registering both the original mark and its Chinese equivalent.
3. Conduct a comprehensive pre-filing search. Check not only identical marks but also phonetic and visual similarities, Chinese transliterations, and marks across multiple Nice Classification classes.
4. File in all relevant classes. China follows the Nice Classification system (45 classes). File in all classes relevant to your current and future business to prevent competitors from registering your mark in other classes.
5. Keep evidence of use. If your trademark faces a non-use cancellation action, you will need to prove use in China. Maintain records of sales, advertising, exhibition participation, and product packaging.
6. Monitor the Trademark Gazette. Regularly check CNIPA’s publications for marks that conflict with yours, and file oppositions within the 3-month window.
7. Consider the Madrid System for multi-country protection. If you need protection in 3 or more countries including China, a single international application through WIPO can be more cost-effective.
8. Work with an experienced Chinese trademark attorney. Navigating CNIPA’s procedures, responding to office actions, and managing oppositions require deep knowledge of Chinese trademark law and practice.
9. Renew on time. Trademark registrations are valid for 10 years and must be renewed within 12 months before expiry (6-month grace period available). Set reminders to avoid lapse.
10. Record licensing and assignments. If you license or transfer your trademark, record the change with CNIPA to maintain legal enforceability in China.

Frequently Asked Questions

References and Further Reading

• China National Intellectual Property Administration (CNIPA) — Official Website
• WIPO — Madrid System
• Chinese Trademark Law — Full Text
• Chinese Trademark Application Fees — Detailed Breakdown
• Trademark Fee Calculator
• CNIPA AI-Powered Image Search for Trademark Searches
• Calculating Trademark Rejection Review Deadlines in China

Our experienced IP attorneys handle the entire trademark registration process—from pre-filing search to application filing, opposition defense, and renewal management. We serve international clients worldwide.