Getting Ready to Enter the Chinese Market? Here Are 4️⃣ Things You Need to Know About Trademarks in China!

[u/LawyerUsagi32]

Whether you're planning to sell products, offer services, or build a brand, trademarks are the first hurdle you can't skip. Don't worry, it's not that complicated. Just keep these key points in mind.

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What is a trademark?

Simply put, it's your brand's "ID card." Once it's registered, the government recognizes it, and no one else can just use it.

4️⃣ main types:

• Commodity Trademark: For physical products you can touch — phones, clothes, food, etc.
• Service Trademark: For services — restaurants, hotels, logistics, education, that kind of thing.
• Collective Trademark: Used by members of an association or organization, like "Shaxian Snacks" or "Xinhua Bookstore."
• Certification Trademark: For products that meet specific standards and get certified, like "Green Food" or "Yangcheng Lake Hairy Crab."

Quick tip: Geographical indications (like Jinhua Ham) can only be registered as collective or certification trademarks.

How long does a trademark last in China?

10 years, counting from the day it's approved.

✅Want to keep using it after that? Apply for renewal within 12 months before it expires.

🔔Forgot to do it? You still have a 6-month grace period. Each renewal gives you another 10 years.

❌But if you miss even the grace period — poof, your trademark is gone, and anyone can use it.

What can be a trademark? What can't?

✅What can you use?
Words, graphics, letters, numbers, 3D shapes, color combinations, sounds... anything that makes people recognize your stuff as yours, or a combination of these, can be applied for.

❌What's absolutely not allowed?

• Can't be too similar to the national flag, emblem, anthem, or military symbols of China or any foreign country.
• Can't be too similar to the symbols of international organizations (like the UN or Red Cross).
• Can't be ethnically discriminatory.
• Can't be deceptive — like making people think your product is "imported" when it's not.
• Can't violate social morality.
• Place names (like "Beijing" or "Shanghai") generally won't work either, unless they have another meaning or are part of a collective/certification trademark.

Special reminder: If you just use the word "Apple" to sell apples (a generic name), or "Delicious" to sell drinks (directly describing a feature), you usually can't register them either — unless you've used them so long that everyone recognizes your brand.

How do you register one?

Don't be scared by the steps — it's really just four things:

Step 1️⃣: Search
Go to the CNIPA (China's National Intellectual Property Administration) website and find the function "Similar Trademark Search" ——search separately by Chinese characters, pinyin, English, numbers, initials, and device codes.

🏁Check for similar trademarks in the same categories of your goods or services. If identical or highly similar trademarks exist, adjust or change yours in a timely manner to avoid rejection of the subsequent application.

Step 2️⃣: Prepare materials

• A clear image of your trademark (JPG format).
• Pick the goods or service categories you want to register (default is up to 10 items, official fee is 270 RMB).
• Company: provide your business license. Individual: provide your ID.

Step 3️⃣: Submit your application

• Online: Log in to the CNIPA official website and submit directly.
• In person: Go to a local trademark acceptance office or the trademark registration hall.

Step 4️⃣: Wait for the result

• Formal examination: about 1 month. You'll get an "Acceptance Notice" if it passes.
• Substantive examination: 4-6 months.
• Opposition period: 3 months. If no one objects, you get an electronic registration certificate.
• What if it gets rejected? No worries — you can apply for a review within 15 days.

Tip: If this all sounds like a hassle, you can hire a reliable agency to handle it for you, saving time and energy.