Trademark Registration in China: A Strategic Guide for Foreign Brands Entering the Market

16. July 2026

Trademark Rights in China: Registration, Protection, and Legal Framework

This article is adapted from the 66law.cn legal knowledge resource titled "商标权查询、转让以及保护期限_商标注册_商标权与专利权的区别". The original Chinese-language article provides authoritative legal guidance and has been rewritten and translated here for an English-speaking international audience seeking to understand Chinese legal practice.

The source article provides comprehensive information about trademark rights under Chinese law. It explains that trademark rights are intangible assets with economic value that can be transferred, licensed, and used as security. Under the Trademark Law, a registered trademark gives the owner the exclusive right to use the mark and to prevent others from using identical or similar marks for identical or similar goods or services. The source emphasizes that trademark rights are obtained through registration with the China National Intellectual Property Administration under the first-to-file principle.

The source explains the key features of trademark rights. Exclusive use means only the registrant may use the trademark for the registered goods or services. The exclusive right is limited to the registered mark and the registered goods or services. Similar marks used for similar goods may also infringe if they create consumer confusion. Trademark rights are territorial and only effective within China's jurisdiction. Foreign companies must register their marks in China to obtain protection, as home country registration provides no protection here.

The article explains the difference between trademarks and patents. Trademarks protect brand identifiers that distinguish goods and services in the marketplace, while patents protect inventions and innovative products. The two types of IP rights serve different purposes but can complement each other in a comprehensive IP strategy. Trademarks can last indefinitely through renewal every 10 years, while patents have fixed terms. Trademark protection is maintained through use, while patents require payment of annual maintenance fees.

Regarding trademark transfer and licensing, the source explains that registered trademarks may be transferred separately from the business, provided the transfer does not cause consumer confusion about the source of goods. Both the transferor and transferee must apply to CNIPA for approval of the transfer. Trademark licensing agreements should be recorded with CNIPA to be effective against third parties. The licensor must supervise the quality of goods sold under the trademark by the licensee.

Foreign companies and individuals applying for trademark registration in China must do so through a registered Chinese trademark agency. The application must specify the mark, the goods and services, and the applicant's details. CNIPA examines the application for compliance with formal requirements and substantive grounds. If approved, the mark is published for opposition before registration. The protection period is 10 years from registration, renewable for successive 10-year periods.

Readers seeking additional guidance on this topic are encouraged to consult the original Chinese legal resources available on 66law.cn or to engage qualified legal professionals who specialize in this area of Chinese law. The legal framework in China continues to develop, and staying informed about regulatory developments is essential for effective compliance and risk management. This article is provided for general informational purposes only and does not constitute legal advice. This article is provided for general informational purposes only and does not constitute legal advice. This article is provided for general informational purposes only and does not constitute legal advice.