Brand Protection in China China is an attractive market. It has a population of around 1.4 billion

and more than 900 million online users in 2020. Numerous businesses

attempt to enter the Chinese market or have their products

manufactured in China.

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To succeed in China, foreign companies must be aware of unique

intellectual property laws and brand protection in China.

Even businesses that do not currently offer their products in China or

do not look to sell in China in the foreseeable future should consider

brand protection in China as an essential part of international

intellectual property protection.

IP protection in China

Learning how to protect your brand in China is a crucial step on your

way to growth and success.

As in other territories around the world, the first step to brand

protection is to register trademarks. Apply for registration of your

name, symbol, or logo as a trademark. If some of the brand’s products

have unique, identifiable names, it may be worth registering each one

as a separate trademark.

When applicable, it is essential to register other intellectual property

rights, including copyrights, China patents, domain names, and

generally all your IP (intellectual property) assets.

Trademark registration in China

Trademark registration means that you are the only one who can

legally use your trademark in China. Therefore, the person who

registers the trademark first gets all the rights to distribute and sell the

products in China.

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Trademark registration is proof of ownership, and many Chinese e-

commerce channels require a registered trademark, and so do local

distributors.

After registration in China, register your brand names and trademarks

with online channels, such as marketplaces and social media platforms.

If sellers abuse your trademark after registration, you can enforce your

trademark rights online and offline.

Registering a trademark as early as possible is the best way to protect

your intellectual property in China.

First-to-file trademark system

China uses a first-to-file trademark system rather than a first-to-use

system. In a first-to-file system, intellectual property rights go to the

first party who registers the trademark.

The China trademark application process does not require evidence of

use. As a result, even a well-known brand can be denied IP protection

because another party was the first to apply for it.

If you do not want another party to register your trademark, you should

do it yourself.

Dangers of not protecting a brand in China

If you do not register your trademark in China, someone else will likely

register it instead.

Trademark squatting is a common issue in China. Trademark

squatters look to register third-party trademarks in bad faith. They may

be third parties who file for multiple trademarks in the hope of making

a profit later, or they may be a competitor who wants to gain an unfair

advantage.

The first-to-file rule makes it possible since they do not need to prove

use in order to register.

If someone registers your trademark, they may use this registration

to manufacture and sell counterfeit products. They can also stop

you from selling your products in the Chinese market and can even sue

you in China for using the trademark.

Getting your brand back is usually a long and costly process.

Sometimes it even requires paying compensation to counterfeiters for

your trademark registration.

Another reason to register your trademark is that you cannot license

your products to a distributor without a brand registered in China.

Control your China intellectual property assets rather than let a

distributor register them for you because they may use the first-to-file

rule to benefit themselves.

Registering a trademark in China

China offers two ways to obtain a trademark:

(1) Registering a trademark with China National Intellectual

Property Administration (CNIPA)

(2) Extending an existing application or registration to China under the

Madrid Protocol

The latter, or international registration, is a cost-effective way to obtain

protection in multiple countries under one application or adding

additional countries after trademark registration. To utilize it, you must

have a “basic mark” – an application or registration for the trademark in

the home territory.

The decision between a China national mark or international

registration affects various issues (such as filing time, costs, and more),

so it is crucial to get professional advice from an intellectual property

expert.

https://www.wipo.int/madrid/en/how_madrid_works.html

Intellectual property agent in China

Registering in China can be a complex process. For example, China only

accepts documents in Chinese. Also, if you do not have a permanent

address in China, you are required to use an approved agent.

It is highly recommended to file through a state-approved intellectual

property agent or attorney. China has thousands of trademark agencies

that can represent you in the registration process. Your agent or

attorney can guide you on the best filing method for you in light of your

intellectual property rights situation and business strategy.

Trademark research

Before you apply for a trademark, check if it is already registered in

China. Trademark squatters or another third-party may have used the

first-to-file system.

The background check will let you know where you stand and how to

proceed.

Trademark application decisions

Generally speaking, as China has signed the Madrid System, its

trademark registration requirements are similar to those found in other

countries that have signed it. Y

et, applications are examined in accordance with local laws, and some

crucial differences affect registration in China.

China has different trademark classes and subclasses. Make sure to

register your trademark under all the necessary classes and subclasses

to ensure it provides the protection you are seeking.

There are 45 classes, each with subclasses, and protection is generally

limited to the specific subcategory rather than the class as a whole. You

must select the categories that apply to your products or services.

The subclasses are listed in the Chinese Classification Manual, with the

descriptions of goods and services. For broader protection, file so the

application covers every product you sell or may intend to sell.

This prevents third parties from registering the same or similar

trademark in a different subclass, excluding your brand from using its

marks on certain goods and services or affecting its ability to enforce its

intellectual property in China.

Issues with subclasses arise in different situations, such as when the

description of an intranational registration is narrower because of

differences in local laws, such as US trademark laws that require proof

of use.

However, when international registrations are extended to China, the

Chinese examiners translate and assign the subclass(es) at their sole

discretion. With international registrations, there are often issues of

insufficient coverage of subclasses.

Brand owners can assess the situation and decide whether additional

direct filings in China are necessary. They can also ask CNIPA to rectify it

later on.

As for descriptions, the trademark examination process in China

favors standard descriptions of goods or services as specified in the

Chinese Classification Manual.

Examiners are more likely to decline a CNIPA application with non-

standard descriptions than an international registration, if it does not

exceed the scope of the class of products or services.

If you do add non-standard descriptions in national trademarks, it is

recommended to also include standard descriptions that can also cover

the non-standard descriptions. This way, if the non-standard part is

rejected, you can still have the standard protection that covers your

intellectual property.

Under China’s trademark law, you can file a single-class or multi-class

application. It is recommended to discuss the consequences of each

decision under current practices in China.

Another thing to consider is that in China is the issue of Chinese

characters. Decide whether to register your existing logo or brand

and/or create a logo or brand in Chinese.

Protecting your trademark in Roman characters does not provide

complete protection from trademark infringement in China.

Trademarks in China are only recognized when used in the language in

which they were registered.

For example, if you register your brand’s name in English and find

someone using your brand name translated into Chinese, you will have

no recourse without having registered the name in Chinese characters.

So find a combination of characters that have the desired meaning and

are culturally appropriate. It can include a literal translation, phonetic

translation, or a combination of the two.

After you have decided, it is time to prepare all the required documents

and send them to your intellectual property attorney or agent.

From trademark application to registration

Once all the documents are ready, submit the application as quickly as

you can. When registering a trademark, it is important to have the

certificates in Chinese, even if the trademark is in English, as local

websites do not accept English certificates. It takes time to obtain a

trademark registration, so filing early becomes even more crucial.

After review, your trademark will be published, allowing three months

for other parties to oppose registration. If there is no opposition, you

can proceed and receive your certificate a few months later.

Process summary

1. Check to make sure the trademark is not already registered in China.

2. Decide if you want to apply directly in China or under the Madrid

System.

3. Prepare application carefully.

4. Submit application and documents.

5. The Chinese IP authority reviews the application and decides

whether you can proceed.

6. After the initial approval and a 3-month opposition period, the

process begins for trademark registration, which usually takes over a

year.

7. Chinese authorities issue the trademark, and you receive a Certificate

of Registration, which takes a few more months.

Generally, protection starts on the date of trademark registration.

Trademarks are valid for 10 years and require renewal. A trademark

may be subject to non-use cancellation.

China trademark use requirement allows cancellation if a trademark

has not been used within the continuous period of 3 years from the

date of registration. Anyone can initiate non-use cancellation, so it is

important to keep evidence of use.

Remember that a trademark protects your intellectual property and

makes enforcement easier and more cost-effective.

To further protect your trademark online, Wiser Market can monitor

the enormous Chinese online market, including marketplaces and

websites, detect trademark violations, and help your brand enforce its

intellectual property rights.

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Wiser online brand protection in China

Wiser Market is an online brand protection agency. We believe that

being vigilant about IP protection means continuous monitoring of

online channels and activity detection, followed by proactive

enforcement to deter abusers and protect your brand and reputation.

We offer a digital brand protection strategy that includes 24/7/365

worldwide brand monitoring.

Our innovative system scans online channels, including Chinese

websites, marketplaces, social commerce networks unique to China,

and other platforms to detect IP infringements and enforce your

trademark rights.

China is vast and unique, and it has an enormous counterfeiting

market. Our team of experts has extensive knowledge and works

closely with you to offer ways to protect your brand. Enforcement

makes your trademark stronger and helps secure your brand and

revenue in the booming online Chinese market.

With Wiser Market, your brand will have a comprehensive IP protection

solution, allowing you to focus on growing your business.

Want to protect Your Brand? Contact us to learn more:

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WiserTip: The trademark registration process in China usually takes

over a year and sometimes even longer. Know that usually, the

protection is effective starting the date of registration, rather than

retroactive to the filing date. Only then can you enforce your trademark

in China.

FAQ

What are the benefits of registering a trademark in China?

Registering a trademark in China allows you to protect your brand in

China and fight counterfeiters and unauthorized sellers, both online

and offline.

Why is it so important to register a trademark in China?

China has a first-to-file trademark system. Therefore, whoever registers

a trademark first gets exclusive rights for it in China.

Can international companies register trademarks in China?

Yes, foreign companies can register their trademark in China unless it is

already registered by a third-party.

International companies and non-residents should seek the help of an

intellectual property agent or agency.

Should I register a trademark in Chinese characters?

Yes, it is recommended to register your trademark in the original Latin

characters as well as Chinese characters. Latin characters do not always

protect the equivalent Chinese, so a third-party can go ahead and

register the same trademark or a similar one in Chinese.

What is the subclass system in China?

Like many other countries, China adopted the NICE Classification of

Goods and Services. China is unique because it also developed a

subclass system in which each class has subclasses, and some

subclasses are even further classified into different groups. For broader

protection, it is recommended to file for as many subclasses as

possible.

What is online brand protection?

Online brand protection services counter online threats and protect

your intellectual property assets. Whether you wish to fight

counterfeiting, protect your domain name, prevent trademark,

copyright and brand infringements or combat gray market selling and

knockoffs, use Wiser Market’s online brand protection strategy.

Effective online brand protection protects your brand’s revenue,

profitability, reputation, customer service and brand trust.

Disclaimer: This information is intended to help the reader gain a basic

understanding of the current trademark situation in China. It is NOT

designed to provide legal, business, or other relevant professional advice.

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