Registering a trademark in China is no longer a bureaucratic afterthought but a core asset-protection step for any business entering or operating in the world’s second-largest consumer market. Administered by the China National Intellectual Property Administration (CNIPA) through its Trademark Office, the system follows a “first-to-file” principle, which means the earliest qualified applicant — not the earliest user — generally wins the right. This guide covers the legal basis, classification, examination path, fees, timelines, renewal, the Madrid international route, and the 2027 Trademark Law amendment that will reshape filing strategy.
The current substantive rules sit in the Trademark Law of the People’s Republic of China (2019 amendment), supplemented by the Regulations on the Implementation of the Trademark Law. On 26 June 2026, the Standing Committee of the National People’s Congress passed a new revision that takes effect on 1 January 2027. The most consequential change is the explicit rejection of “non-use” mass filings: applications that are “not for use and obviously exceed normal business needs” will be refused. The amendment also strengthens sanctions against bad-faith hoarding, free-riding on hot names, and deceptive “trick trademarks” such as “120W” chargers that are not 120W or “hand-made” noodles that are machine-produced. For applicants, this means genuine use intent and clean filing behavior are now legally material, not just rhetorical.
A registrable mark may consist of Chinese characters, Latin letters, numerals, graphics, three-dimensional shapes, color combinations, sounds, or any combination thereof, provided it is capable of distinguishing goods or services. Pure single colors, generic industry terms, and non-distinctive simple symbols are not registrable on their own.
China adopts the Nice Classification (NCL) with 45 classes — classes 1–34 for goods and 35–45 for services. The official tool is the Similar Goods and Services Classification Table, published and updated by CNIPA. Protection is granted class-by-class: registering in class 25 (clothing) gives no rights in class 9 (electronics) or class 43 (restaurants). A sound strategy is a “core class + related defensive class” layout — for example, a tea brand typically files classes 30 (tea), 35 (retail/ads), and 43 (cafe service).
Before filing, a clearance search on the CNIPA trademark database is strongly advised. Roughly over 60% of refusals stem from relative grounds — identical or similar marks on identical or similar goods per Article 30. Examiners apply the “overall impression + salient part” test, weighing sound, visual layout, and meaning together.
Absolute grounds come from Article 10 and Article 11:
● Article 10: prohibits marks that are deceptive, contrary to public morality, geographically misleading, or contain state/religious symbols.
● Article 11: refuses marks lacking distinctiveness — generic names, direct descriptions of quality/raw material/function, or otherwise non-identifying signs.
The 2027 amendment adds a catch-all: even where no specific article fits, an application that abuses rights to harm public interest or others can be refused. Practically, descriptive marketing words like “0 additive” or “0 sucrose” have been rejected on both deception and non-distinctiveness grounds.
Three filing channels exist:
1. Online via the CNIPA e-filing system — fastest and cheapest.
2. In-person at the CNIPA Trademark Registration Hall (Beijing), regional examination cooperation centers, or local IP service windows.
3. Through a CNIPA-licensed agency — mandatory for foreign entities without a domestic establishment.
Required materials: a completed application form, a clear JPG specimen (under 2 MB, white background recommended), applicant identity proof (business license for companies; ID + individual business license for sole proprietors), and a power of attorney if using an agent. Natural persons without an individual-business license cannot file directly.
Official fees (electronic filing): 270 RMB per class covering up to 10 items, plus 27 RMB for each additional item. Paper filing is 300 RMB/base + 30 RMB per extra item. Fees are non-refundable even if the mark is refused.
A smooth registration runs 7–12 months:
● Formal examination (1–4 weeks): checks paperwork, format, and qualifications; issues a Notice of Acceptance.
● Substantive examination (4–6 months): the decisive stage — tests distinctiveness, legality, and conflict with prior rights.
● Preliminary approval & opposition (3 months): the mark is published; any party may oppose.
● Registration & certificate: absent opposition or after winning one, the mark is registered and an electronic certificate is issued with equal force to the paper version.
If refused, the applicant has 15 days to request review by the Trademark Review and Adjudication Department; further appeal goes to court.
A registered trademark is protected for 10 years from the approval date. Renewal may be filed within the 12 months before expiry, with a 6-month grace period afterward; each renewal adds another 10 years, indefinitely. Failure to renew leads to cancellation.
Post-2027, use matters more: five years of non-use can trigger a requirement to show use, and the “three-year non-use cancellation” (撤三) mechanism remains active. Applicants should preserve invoices, packaging, advertising, and e-commerce listings as evidence.
Chinese applicants can extend protection abroad through the Madrid System administered by WIPO, using a Chinese application or registration as the “base mark.” The applicant must be a Chinese national, resident, or have a genuine business establishment in China. The file is submitted via CNIPA, forwarded to WIPO, then to each designated member for substantive examination under local law. Designated offices have 12 or 18 months to issue a provisional refusal; silence means protection is granted. Fees combine a WIPO base fee (653 CHF in black-and-white) plus per-country supplementary and individual fees, payable in Swiss francs (Chinese applicants pay CNIPA in RMB, which converts to CHF).
● File early — China is strict first-to-file, not first-to-use.
● Register black-and-white specimens to keep color flexibility.
● Search across related classes, not just the immediate one.
● Avoid descriptive or trick phrasing that invites Article 10/11 blows.
● Keep use evidence from day one to defend against 撤三 and oppositions.
● For multi-country expansion, the Madrid route via CNIPA cuts cost and administration versus national filings.
Useful official entry points:
● IPcrossark：https://www.ipcrossark.com/en/trademark.html?cid=30
● China Trademark Office portal: https://sbj.cnipa.gov.cn
● CNIPA e-filing system: https://sbj.cnipa.gov.cn/sbj/wssq/
● WIPO Madrid System (Chinese): https://www.wipo.int/madrid/zh/
● CNIPA official site (law & policy): https://www.cnipa.gov.cn
