Hub: Trademarks · IP overview: China IP law · Remediation: Opposition guide · Counsel: Trademark lawyers.
What First-to-File Means in Practice
Prior overseas use and foreign certificates help your commercial story and some legal theories, but they do not replace a China registration. Waiting until after a Tmall kickoff, trade show, or distributor pitch is how third parties learn your mark and file first.
- File core classes before public China use when possible.
- Budget multi-class protection for realistic expansion (and defensive needs).
- Treat distributors and OEMs as filing risks — contract for ownership and audit their filings.
Registration Process (Orientation)
- Clearance search (identical/similar marks; sub-class awareness).
- File via a qualified Chinese trademark agency if you lack China domicile (Art. 18).
- Formal then substantive examination by CNIPA.
- Preliminary approval and publication — third parties may oppose within three months.
- If no successful opposition, registration certificate issues (typical overall timeline often cited around 6–12+ months for straightforward cases; refusals and oppositions extend this).
Registrations generally last ten years and are renewable. Maintain genuine use to reduce non-use cancellation risk.
Chinese-Character Marks
Consumers, platforms, and media often use a Chinese name whether or not you chose one. If you do not register thoughtful Chinese-character marks, someone else may. Coordinate linguistic clearance with trademark clearance.
Monitor Publications and Oppose Early
After you file — and even before — run watches on your house marks. If a conflicting application publishes, the opposition process is time-boxed. If you are already late, use the squatting decision tree (invalidation, non-use, buy-back, rebrand).
Frequently Asked Questions
Can we file from overseas without a China company?
Yes. Foreign applicants typically file through a registered Chinese trademark agency. You do not need a WFOE merely to own a trademark.
Madrid System vs direct CNIPA filing?
Both can cover China. Direct filing is common for China-critical brands that want local agent control and class strategy tailored to CNIPA practice. Compare cost and portfolio design with counsel.
What if someone already filed our brand?
See Trademark squatting in China and, if still in publication, how to oppose.
General information only. Related: Practical foreign-brand guide · Platform takedowns.
Legal basis (first-to-file registration)
- Trademark Law Art. 31 (application priority principles in examination of conflicting applications) together with the overall first-to-file registration system under the Trademark Law.
- Art. 28–30 examination / refusal of identical or similar marks on same or similar goods.
- Art. 33 three-month opposition after publication — see opposition guide.
- Art. 18 foreign applicants use Chinese trademark agencies.
If a third party already published or registered your brand, go to the squatting remediation hub rather than only re-filing.
Citations orient readers to the Trademark Law of the PRC (2013, amended 2019), Implementing Regulations, CNIPA examination practice, and published adjudication patterns. Confirm the text and fee schedule in force on your filing date. Practice quotations are illustrative composites, not guarantees of outcome.
Registration Process
- Search � Check availability on CNIPA database
- File application � Through registered Chinese agent
- Formal examination � 1�2 months
- Substantive examination � 6�9 months
- Publication � 3-month opposition period
- Registration � Certificate issued
Key Strategies
Register marks in Chinese characters (most enforceable form), file across all relevant Nice classes, and monitor for bad-faith filings. Well-known marks receive broader protection even without registration in China. Trademark renewal required every 10 years.