CNfiling code

China

CNIPA · China National Intellectual Property Administration

The largest market on the map and the one where foreign brands most often arrive to find their own name already registered by someone else.

Trademarks
System
First to file
Madrid Protocol
Member
To registration
~9–12 months
Term
10 years, renewable
Patents & designs
PCT
Member
Utility model
Utility model
Hague (designs)
Member
Design term
15 years

Utility models register without substantive examination, which makes them fast and cheap — and a favourite tool of copycats filing against the original maker. If you manufacture here, search them before you tool up.

What to watch in China

Four things that decide whether the filing holds

  • Subclasses decide your coverage

    China splits each Nice class into subclasses, and protection runs subclass by subclass. Filing 'class 25' is not enough — the subclasses you skip are the ones a copycat can register.

  • Choose your Chinese name before the market does

    If you don't register a Chinese-character version, distributors and consumers will coin one, and someone else can register it. Pick it deliberately: sound, meaning and availability all matter.

  • Three years of silence is an opening

    A registration unused for three consecutive years can be cancelled on request. Keep dated invoices, packaging and listings from the first sale.

  • Bad-faith filings are attackable

    Squatter registrations can be opposed or invalidated, but it costs more and takes longer than filing first. Speed is the cheapest defence.

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