Registering Trademarks and Patents in Mainland China

English · Español · 简体中文

For any company that manufactures, sources or sells in China, registering intellectual property there is one of the most important early steps. China follows a first-to-file system, so rights generally belong to whoever files first, not to whoever used the brand first abroad. This article explains the basics.

1. Trademarks

• Authority: the China National Intellectual Property Administration (CNIPA).
• Routes: a national application, or designation of China through the Madrid system. Foreign applicants without a domicile or business establishment in China must file national applications through a registered Chinese trademark agency.
• Classes and subclasses: China uses the Nice Classification divided into subclasses. Protection is assessed by subclass, so the specification should cover all the goods and services that matter to you, including manufacturing.
• Chinese-language mark: consumers and distributors will give your brand a Chinese name anyway. It is advisable to choose one and register it.
• Procedure and duration: examination, preliminary publication and a three-month opposition period. Registration lasts 10 years from the registration date and can be renewed.

2. Patents

• Invention patents: substantive examination, 20 years from filing. Since 2021, the term can be extended in certain cases of unreasonable delay in examination and for some pharmaceuticals.
• Utility models: for products’ shape or structure, granted without substantive examination, 10 years. They are faster and very used in China.
• Design patents: 15 years from filing since June 2021.

Foreign applicants can enter China through the PCT national phase (generally 30 months from the priority date) or file directly claiming Paris Convention priority. Inventions made in China must pass a confidentiality examination before being filed abroad.

3. Practical tips

• Register before you talk to manufacturers or distributors, not after. Pre-emptive registrations by third parties are a well-known risk.
• Use contracts with suppliers (non-disclosure, non-use and non-circumvention agreements governed by Chinese law and enforceable in China).
• Record your rights with Chinese customs so they can stop infringing goods at the border.
• Remember that Hong Kong, Macao and Taiwan have separate systems and require separate filings.

The views expressed are personal and do not necessarily represent the position of NET CRAMAN. This article is for general information only and does not constitute legal advice. Rules and fees change over time; seek specific advice before acting.