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Registering a Trademark in China: #1 Investment for Your Business

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Vladimir Isaev
Reading time
6 min

 

China, with the second biggest market in the world, is an attractive destination for companies that want to sell to more than a billion consumers. However, trademark registration in China is not just an optional formality—it is the first step you need to make before entering the market. This is due to the country’s first-to-file principle, which grants rights to the first one to file a trademark application, regardless of whether they are the rightful owner.

Failing to register your trademark in China could lead to many issues, including losing your business in China. Trademark squatters—individuals or entities that register trademarks they don’t own—are a significant problem in China. If your brand  is unregistered, someone else can claim it and prevent you from using it. To make matters worse, they may even sue you for infringement if you refuse to pay them a ransom for your brand! 

Case: A US company produced products in China. Their local manufacturer decided to increase prices, which forced the company to look for alternatives. They almost moved the production to a new producer when they received a letter asking for a “ransom” for their brand. A person related to their original manufacturer’s CEO registered their brand (not used in China but popular in the USA) and threatened to sue them for trademark infringement if they didn’t buy a license to use their own mark. Bonamark assisted in negotiations and in returning the brand to the true owner.

 

Registering a trademark in China is one of the top investments your business can make if you plan working here. With just a few hundred dollars, you gain an asset for 10 years. Consider the alternative: fighting for your brand in a potential trademark litigation can easily cost $10,000 and take years and years. On the other hand, the current cost to register a trademark in China with Bonamark is just $349. 

If you plan to do business in China, even in the distant future, securing your trademark now is the smartest move. Acting early protects your brand from infringers and saves you from legal disputes later.

 

Main Features of Trademark Registration in China

China’s trademark system has unique features & characteristics that distinguish it from other countries. Understanding these features is key to protecting your brand:

1. The Strict Classification System

China has a rigid classification of goods and services, accepting only specific terms from the Nice classification system. Non-standard descriptions, such as unique or niche product definitions, are always refused if you file a national application.

For example, if your business produces innovative products, attempting to register a non-standard term will lead to a rejection. To avoid this, always use the pre-approved terms from the Nice classification system. Bonamark prepares your application in accordance with these strict requirements, minimizing the risk of refusal.

2. Wordmarks vs. Logos

China’s trademark examiners apply unnecessarily strict standards when assessing logos. The reject many logos due to perceived similarities with existing designs even if the similarity is minimal and wouldn’t be a problem in other countries. The threshold for determining similarity is much lower in China than in other jurisdictions, making it risky to rely solely on a logo for protection.

To safeguard your brand:

  • Register your wordmark first.
  • If you wish to protect your logo, file it as a separate application.

This strategy ensures that your brand name is protected, even if the logo is rejected. While filing separate applications will increase costs, it will provide more protection.

3. Digital Trademark Certificates

Since the COVID-19 pandemic, China has transitioned to issuing digital trademark certificates instead of physical ones. This change simplifies the process and eliminates delays caused by shipping physical documents.

4. Mandatory Use Requirement

China enforces a “use requirement” for registered trademarks. If your trademark is not used within three years after registration, it becomes vulnerable to cancellation if challenged by a third party. Although the cancellation is not automatic, proving use is critical to maintaining your trademark’s protection. 

 

The Trademark Registration Process in China [for 2025]

The trademark registration process in China involves several steps. Here’s what you can expect:

1. Preparation

Before filing, the following documents are required:

  • For Individuals: A photo ID.
  • For Companies: A certificate of incorporation, which must be translated into Chinese.

Bonamark handles all translations and ensures the documents meet the requirements of the Chinese trademark office.

2. Power of Attorney (POA)

A power of attorney is required to authorize Bonamark’s local attorneys to act on your behalf in China. This document can be signed digitally, we will need a color copy.

3. Filing an application

Once the documents are ready, Bonamark’s attorney files your application with the Chinese Trademark & Patent Office. After filing, you’ll receive a filing confirmation, which contains a filing number and a filing date. This document grants your trademark priority. This priority means that any subsequent, similar trademark applications are automatically refused as long as your mark is active in the database.

Here, if anyone tries to steal your mark, they won’t be able to do this as long as your mark is active.

4. Examination and Publication

The Chinese TMO (Trademark Office) examines the application if it complies with local laws and regulations, the mark must be unique and distinctive. If approved, the mark is published for a 30-day opposition period, allowing third parties to file objections.

5. Registration and Certification

If no objections are raised, the trademark proceeds to registration, and a digital Chinese TM certificate is issued. The entire registration process typically takes 12–14 months.

 

Your Legal Partner in China: Bonamark.com

To have your back covered, you need reliable local representation. Bonamark offers full support throughout the process:

1. Experienced Local Partners

For over eight years, Bonamark has collaborated with trusted Chinese attorneys, ensuring high-quality service and avoiding common pitfalls like low-quality representation or unnecessary disputes.

2. Transparent, Fixed Pricing

Bonamark’s fixed-cost model eliminates hidden fees and provides a straightforward process. Most clients pay a single fee and enjoy a seamless experience from filing to registration.

3. Comprehensive Trademark Services

Bonamark handles every step of the process, including:

  • Preparing and filing applications.
  • Responding to objections.
  • Managing oppositions.
  • Other trademark services

Our attorneys are skilled in overcoming challenges, providing detailed advice, and ensuring the highest chance of success. Since 2016 we won cases on behalf of our clients against RedBull, Armani, Sony and other multi-billion companies.

 

Potential Challenges During the Process. How we can help.

While the process is generally smooth, potential challenges include:

  • Descriptive Marks: Marks that describe the goods or services are often rejected.
  • Similarity to Existing Marks: If your trademark closely resembles an existing mark, it may be refused.
  • Censorship Issues: Marks deemed offensive or culturally inappropriate can also face rejection.

If your application is refused, it’s vital to act swiftly. The Chinese trademark office provides a strict timeline of 30 days to respond to a refusal. During this time, your attorney must prepare and submit a detailed response. This process involves:

  • Translating the refusal notice.
  • Evaluating the reasons for refusal.
  • Crafting arguments or evidence to counter the objections.

Delaying action can result in missed deadlines and a cancelled (abandoned) application. Bonamark’s team proactively addresses these challenges, submitting timely responses to objections and guiding you through opposition proceedings if necessary.

 

Protect Your Brand in China 

Securing your trademark in China is vital for protecting your brand and expanding your business in one of the world’s largest markets. With Bonamark’s expertise, the process becomes straightforward, efficient, and stress-free.

Request a free trademark search today to check if your mark is available in China. Partner with Bonamark to ensure your trademark is registered and protected by experts who will defend your brand every step of the way.

Contact us now to get started!

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