Trademarks in China

Trademarks in China Market Entry Feb 19 Written By Marek Matura Registering a Chinese trademark is crucial under China's first-to-file system, which permits local companies to use unregistered brand identities. Without registration, international brands risk losing their trademark rights, even if they are not currently interested in operating in China.The process takes 8 to 12 months, so early registration is essential for brands aiming to enter the market. Process:Create and test both English and Chinese names through market researchFile application with Chinese trademark officeReceive acceptance/rejection within one monthObtain certification after 8-10 months See registered trademarks in the Chinese CNIPA system, www.tmdn.org Do you need a Chinese name?Yes, probably.Having a Chinese name is important for success in the Chinese market. While foreign brands display both their original and Chinese names, each serves a distinct purpose. The original name signals international status and authenticity, appealing to consumers seeking foreign brands. The Chinese name makes your brand accessible to local consumers, being easier to remember and pronounce while creating an emotional connection with the Chinese audience.Most successful international brands in China use both names in their marketing materials, packaging, and store signage. For example, Coca-Cola (可口可乐), Nike (耐克), and Starbucks (星巴克) have all created Chinese names that have become widely recognized in the market. Can I register a Chinese trademark from abroad?Yes, you have two main options for registering from abroad.The first is direct registration through CNIPA (China National Intellectual Property Administration), which requires a local trademark agent but offers faster processing time and more control over the application process.Alternatively, you can use the Madrid System (WIPO) registration, which allows filing through your home country's IP office but typically takes 2-3 months longer and involves higher international fees.We recommend working with a local trademark agent for direct registration, as they can handle all Chinese documentation, respond quickly to office actions, and provide strategic advice on class selection. Go straight to the source and check the Chinese trademarks using the CNIPA database, cnipa.gov.cn Is there a faster way to get a trademark in China?Yes.Purchasing existing trademarks:Available from licensed trademark agentsCosts range typically from 500-5000 USD depending on the trademark's age and relevanceMust verify trademark validity and history before purchaseTransfer process takes 2-3 months for official registrationCan start using immediately with written authorization from current ownerImportant considerations when buying existing trademarks:Verify the trademark's registration status and historyCheck for any ongoing disputes or legal issuesEnsure the trademark covers your specific product categoriesWhat's the process of creating a Chinese name?Creating an effective Chinese brand name requires careful consideration of both linguistic and cultural elements. The name should be easy for Chinese speakers to pronounce, use characters with positive meanings, and have natural-sounding tones. Cultural sensitivity is vital—the chosen characters must resonate with Chinese consumers while avoiding negative associations.The process starts with brainstorming sessions led by bilingual experts. We conduct initial trademark searches, followed by in-depth cultural and linguistic analysis. We then test promising names with focus groups from your target market. Before registration, we perform a final, comprehensive trademark availability check.The goal is to create a name that captures your brand's essence while being natural and memorable to Chinese consumers. Success comes from balancing your original brand identity with local language patterns. What classes should I register?Register your trademark in your product's primary class and all relevant subclasses to ensure comprehensive protection. For example, if you sell clothing (Class 25), consider registering in subclasses for shirts, pants, shoes, and accessories.It's strategic to also register in related classes that you might expand into. For instance, a clothing brand might want to register in:Class 18 (leather goods, bags)Class 3 (perfumes, cosmetics)Class 35 (retail services)This prevents competitors from using your brand in these categories and protects your future business opportunities. However, balance costs with actual expansion plans, as each class registration incurs additional fees.Can I open my own e-commerce store and social media in China without a trademark?E-commerce platforms in China are divided into cross-border and domestic channels. Cross-border channels (like Tmall Global, JD Worldwide):Only require trademark registration in your home countryAllow you to sell directly to Chinese consumers from overseasProducts stay in bonded warehousesHigher import duties and shipping costsDomestic channels (like Tmall, JD, WeChat):Require a registered Chinese trademarkNeed a local business entityProducts stored in mainland ChinaLower operational costs and faster deliveryChoose your channel based on your trademark status, business model, and target market. Cross-border can be good for testing the market while pursuing trademark registration. What do I do if someone has my name?If someone has already registered your trademark in China, you have several options: File for invalidation:Only viable if you can prove the registration was made in bad faith or the owner 'doesn't notice' the invalidation was filedMust be filed within 5 years of registrationNegotiate purchase:Common solution but prices vary significantlyAvoid temporary licensing or rental agreements - they're riskyUse a professional intermediary for negotiationsLegal action:Expensive and time-consumingSuccess rates are low without strong evidenceUsually requires proving prior use or recognition in ChinaChoose a new name:Often the most practical solutionOpportunity to create a name specifically for Chinese marketThe best approach depends on factors like budget, timeline, and how essential the specific name is to your brand. Many successful international brands have created new Chinese names rather than fighting lengthy legal battles. 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