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Register your trademark in China before someone else does
Trademark protection in China runs first-to-file, not first-to-use — meaning if you don’t register your brand in mainland China, someone else can, and frequently does. Trademark squatters monitor foreign brands actively, file early, then offer to sell the mark back. Filing across all relevant Nice classes — including a Chinese-character version — before you ever ship to China is the standard playbook for any foreign company serious about the market.
MSA Asia has filed and defended trademarks in China since 2011 — 1,500+ entities across 9 jurisdictions, backed by 56 local experts in 11 offices and trusted by Siemens, LVMH and Bosch. Clearance searches, multi-class filing, Chinese transliteration, opposition and cancellation actions, customs recordal, OEM enforcement — that’s where MSA Asia gets your brand registered before it gets squatted.
Brand protection in China extends online: secure your trademark and the ICP license for your brand domain on the same timeline, before squatters can take either one.
Our trademark registration services provide comprehensive support for businesses seeking to secure their brand identity in China.
From initial trademark searches and availability assessments to application filing and addressing potential challenges, we guide you through every step of the process. Protecting your intellectual property in China is crucial for preventing infringement, maintaining a competitive edge, and ensuring the long-term success of your business ventures.
Our expertise in Chinese trademark law and procedures ensures that your brand is safeguarded, allowing you to confidently expand your presence in China.
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China Trademark Registration Services
Trademark Research. A trademark search is essential before filing to ensure availability and avoid conflicts with existing registrations or pending applications.
Trademark Application Preparation. Once availability is confirmed, we prepare the trademark application, choosing between World Intellectual Property Organization (WIPO) and China Trademark Office (CTMO) filing. We meticulously select the correct product/service subclasses to avoid rejection. MSA provides expert assistance, ensuring all requirements are met and documents are accurate.
Trademark Application Submission. After the application documents have been prepared and signed by the applicant, we will submit your application to the designated authority.
Renewal of Trademark Registration. A registered trademark in China is valid for 10 years and renewable. Failure to renew risks losing the trademark to another applicant. Non-use for three consecutive years can also lead to cancellation.
Patent Registration. We offer comprehensive patent and utility model services, including: application drafting and filing, office action responses, representation before Chinese patent authorities, subsequent filings/nationalizations, third-party rights investigations and monitoring, invalidation proceedings, and patent right leveraging.
Copyright Registration. We advise on ownership, exploitation rights, and infringement of copyrights in China. Our services include drafting contracts and license agreements, and enforcing your rights, particularly in e-commerce copyright disputes. We also review existing copyrights and licenses to ensure compliance.
Benefits of our China Trademark Registration Services
Complementary Research. Prior to filing, we provide a complimentary trademark search to identify any potentially conflicting marks, thereby reducing the risk of application rejection.
Proven Challenging Experience. Our extensive experience challenging fraudulent trademark registrations, including those by squatters, makes us well-equipped to transfer ownership to our clients.
International Legal Team. Our international legal team understands the differences between international and Chinese intellectual property law, enabling us to provide effective counsel on protecting your brand in both contexts.
Intellectual Property in China
Prevent others from using your brand in China by officially registering your trademarks with the local trademark office. This grants you legal rights and enforcement power.
Protecting your Trademarks in China
Protecting your trademark in China is crucial for any business venture. Trademarks, including names, symbols, and logos, distinguish your goods and services. China operates under a “first-to-file” system, making early registration essential. While international registration through World Intellectual Property Organization (WIPO) exists, direct national filing via an official agent is generally recommended, especially given the need for Chinese translations. Failing to register promptly risks trademark squatting, where others register your brand and then demand payment. The registration process involves formal examination, distinctiveness checks, and prior art searches. Acronyms can be treated as images, so similar-looking names may be rejected. After publication, a three-month opposition period allows challenges. A thorough trademark search beforehand is highly advisable. Registered trademarks are valid for 10 years and renewable, but non-use for three consecutive years can lead to cancellation.
Intellectual Property (IP) Protection in China
Protecting intellectual property (IP) is crucial for businesses operating in China, where IP rights are territorial. This means that IP rights granted in one country are generally only valid and enforceable within that country’s borders. To secure protection in China, you must obtain IP rights specifically within China. While China has made strides in improving IP protection, a comprehensive strategy remains essential. This includes identifying and securing IP rights (copyrights, patents, trademarks, etc.) specifically within China, and leveraging both internal controls and external resources to safeguard your innovations and brand in the Chinese market.
Engage MSA to Handle your Intellectual Property in China
MSA provide a full range of intellectual property advisory and filing services in China and through Asia. This includes research and advice, as well as trademark and copyright registration and filing.
Get in touch with one of our China trademark experts today.
Frequently Asked Questions
China is a first-to-file trademark jurisdiction, so speed matters. Below are the questions foreign brand owners ask us most often.
Why should I register my trademark in China if I haven't started selling there yet?
Because China is a first-to-file jurisdiction, the trademark belongs to whoever files first — not whoever uses it first. Delaying registration allows bad-faith squatters to file your brand, forcing you into costly opposition, buy-back or litigation before you can enter the market.
How do I file a trademark in China as a foreign company?
You have two options: file directly with the China National Intellectual Property Administration (CNIPA) through a qualified Chinese trademark agency (mandatory for foreign applicants) or extend a Madrid Protocol international registration to China. MSA can handle both routes.
Should I register in English, in Chinese, or both?
Ideally all three: the original English or Latin mark, a Chinese-character version (phonetic, meaningful or combined) and a logo mark. A Chinese-language version is essential because that is how local consumers will search for and refer to your brand, and it pre-empts squatters registering a local version.
Which classes of goods and services should I cover?
China uses the Nice Classification with local sub-classes. You should file in every class directly relevant to your business, plus defensive classes commonly targeted by squatters (for example apparel, digital services, food). MSA helps map your product roadmap to the optimal class strategy.
How long does trademark registration take and how long is it valid?
From filing to registration is typically 12 to 18 months: around 4 months of formal and substantive examination, a 3-month opposition window after publication and then registration. A trademark is valid for 10 years and renewable indefinitely.
What do I do if someone has already registered my brand?
Options include opposition (within 3 months of publication), invalidation actions, non-use cancellation (after 3 years of continuous non-use), negotiated buy-back or rebranding for the Chinese market. MSA runs watch services and coordinates trademark lawyers to act quickly when a squatter is identified.
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