China
China Trademark Registration
Trademark Registration in China
China provides trademark protection under its national trademark legislation, with trademark applications and registrations administered by the China National Intellectual Property Administration (CNIPA). A registered trademark grants its owner the exclusive right to use the mark in connection with the goods and services covered by the registration and to prevent unauthorized use of identical or confusingly similar marks. China generally follows the principle of acquiring trademark rights through registration. It is also a member of the Madrid System, allowing applicants to seek trademark protection through either a direct national application or an international trademark registration designating China.
1. Application Routes
-Direct national trademark registration with the China National Intellectual Property Administration (CNIPA).
-International trademark registration designating China under the Madrid System
Foreign applicants that do not have a business domicile in China must appoint a trademark agency established in accordance with Chinese law to file and prosecute a direct national trademark application. Applications received by our office in Türkiye are coordinated and processed through our authorized local trademark associates in China.
2. Required Documents for Trademark Registration
-Applicant’s full legal name and address in English.
-Clear representation of the trademark in JPEG format.
-Meaning or translation of the trademark if it contains non-Chinese or non-Roman characters.
-List of goods or services according to the current edition of the International Nice Classification and applicable Chinese classification practice.
-Power of Attorney signed or sealed by the applicant.
-Copy of the incorporation certificate or company registry extract if the applicant is a legal entity.
-Copy of the passport or identification document if the applicant is an individual
-Simple English translation of the incorporation or identification document if the original document is not in English
-Priority document and its translation if priority is claimed
The English translation of an incorporation or identification document should include at least the applicant’s name, address, and company or document registration number. A scanned copy of the signed Power of Attorney is generally sufficient, and notarization or legalization is not normally required. Depending on the applicant, trademark type, priority claim, or official requirements, additional documents or translations may be requested.
Accurate preparation of the applicant information, supporting documents, and list of goods or services helps prevent formal deficiencies and unnecessary delays during the registration process.
3. Trademark Registration Process
• Application Submission
The trademark application is filed with CNIPA through an authorized Chinese trademark agency. The application must include the applicant’s information, trademark representation, designated goods or services, Power of Attorney, and relevant supporting documents.
• Formal Examination
CNIPA examines whether the application contains the required information and documents and whether it complies with the applicable formal requirements.
If a formal deficiency is identified, the applicant may be requested to submit additional documents, explanations, or amendments within the prescribed period.
• Substantive Examination
Following formal examination, CNIPA examines whether the trademark complies with the legal requirements for registration. The examination includes an assessment of the trademark’s distinctiveness, prohibited elements, and possible conflicts with earlier trademark applications or registrations.
CNIPA has reported that the average examination period for trademark registration applications has stabilised at approximately four months. However, this period does not include all subsequent publication, opposition, registration, and administrative procedures.
• Publication and Opposition
If the application passes substantive examination, it receives preliminary approval and is published in the Official Trademark Gazette for a period of three months.
During this period, third parties may file an opposition if they believe that registration of the trademark would conflict with their earlier rights.
• Approval and Registration
If no opposition is filed, or if an opposition is resolved in favour of the applicant, the trademark is approved for registration and a registration certificate is issued.
The overall registration period may vary depending on classification issues, formal deficiencies, official objections, provisional refusals, third-party oppositions, and the administrative workload of the Trademark Office. The local associate’s process documents similarly identify formal examination, substantive examination, publication, and registration as the principal stages of the procedure.
4. Validity Period and Renewal
-A trademark registered in China is valid for 10 years from the date on which its registration is approved.
-The registration may be renewed indefinitely for successive periods of 10 years. A renewal application may be filed during the 12 months preceding the expiration date.
-If the renewal is not completed within this period, an additional grace period of six months is available, subject to the payment of the applicable additional fees.
5. Important Notes
-China generally follows a first-to-file system. Filing the trademark at an early stage is therefore strongly recommended.
-Foreign applicants without a business domicile in China must act through an authorized Chinese trademark agency for direct national applications.
-China uses the International Nice Classification; however, goods and services must also be prepared in accordance with Chinese examination and classification practice.
-Trademark protection is limited to the trademark and the goods or services expressly covered by the registration.
-A registered trademark that has not been used for three consecutive years without a justifiable reason may be vulnerable to cancellation upon the request of an interested third party.
-Registration obtained in mainland China does not automatically provide trademark protection in Hong Kong or Macao, which maintain separate trademark registration systems.
-Where a brand will be marketed or commonly referred to by a Chinese-language name, filing a separate application for the Chinese-character version may be considered.
-A preliminary trademark search is recommended before filing to identify earlier identical or confusingly similar applications and registrations.
-Proper legal and professional assistance is recommended to reduce the risk of classification objections, formal deficiencies, refusals, and third-party oppositions.
China Patent and Trademark Office
Official IP Office handling trademarks, patents, designs, and other intellectual property rights: China National Intellectual Property Administration (CNIPA).
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