Why Foreign Brands Should Register Trademarks in China Before Market Entry

Register trademarks in China before market entry to prevent bad-faith filings, protect brand ownership, secure enforcement rights, and avoid costly launch delays.

A brand can become visible in China long before its first sale. Distributor discussions, supplier engagement, trade fairs, social media, and overseas publicity may reveal the intended name while trademark rights remain unprotected in China.

China generally follows a first-to-file trademark system, giving priority to the party that files first. Businesses should therefore register trademarks in China as part of their market-entry planning, rather than waiting until after launch.

Why first-to-file changes the market-entry sequence

Under China’s first-to-file system, where two or more applicants seek an identical or similar mark for the same or similar goods or services, preliminary approval generally goes to the applicant that filed first. Earlier use is considered only when competing applications are filed on the same day.

As a result, trademark registration should be treated as an early-stage market-entry task rather than a post-launch formality. Businesses that disclose their brand during distributor negotiations, supplier engagement, trade fairs, marketing activities, or e-commerce preparations before filing risk allowing another party to register the mark first.

Unlike the United States, where use alone can grant limited rights even without trademark registration, China does give much greater weight to the filing date. There are, however, safeguards for legitimate brand owners. Bad-faith applications not intended for use can be rejected, while certain marks already used in China with a degree of influence and marks targeted by agents or business partners may also receive protection.

China’s revised Trademark Law, effective from 1 January 2027, retains the first-to-file principle while strengthening controls on excessive and malicious applications. However, these changes do not alter the importance of filing early as part of a market-entry strategy.

The cost of a delayed filing

A late filing can disrupt a launch. It may affect the brand name, product range, distributor relationships, platform access, and anti-counterfeiting strategy, delaying market entry and diverting resources away from commercial operations.

Loss of control over the launch name

A distributor, competitor, or trademark squatter may register the intended brand name first, forcing the foreign owner to spend resources seeking invalidation, negotiating with the registrant, restricting its product range, or rebranding. If the registrant begins producing counterfeit goods, the foreign owner may suffer revenue losses and reputational damage. China Briefing provides a guide to regaining control of a trademark in China. None of the available remedies is as predictable or cost effective as securing the mark before public exposure.

Platform and online-enforcement friction

E-commerce platforms commonly require merchants to prove that they own, or are authorised to use, the brands they sell. Guidance from Tmall and JD.com indicates that the documentary requirements vary by store type and product category, with some accepting pending applications while others require completed registration.

Trademark registration is therefore important both for working with online marketplaces and for online enforcement. Under China’s E-Commerce Law, an intellectual property rights holder must provide prima facie evidence of infringement when asking a platform to act. A trademark registration certificate can serve as evidence of ownership and support enforcement efforts. Without registration, both platform onboarding and the removal of infringing listings can become significantly more difficult.

Customs and counterfeit exposure

Once a trademark is registered in the Chinese Mainland, the rights holder may apply to record it with the General Administration of Customs (GAC) under the Regulations on Customs Protection of Intellectual Property Rights. The application includes information on the trademark owner, the registered right, licensing arrangements, the relevant goods, and known instances of infringement.

Customs authorities can use this information to identify suspected counterfeit goods entering or leaving China. Recordal is most effective when incorporated into a broader enforcement strategy that also covers e-commerce marketplaces, distributor networks, trade fairs, and export channels. See China Briefing’s guide on IP enforcement for advice on prioritising enforcement channels according to commercial risk.

Strategies on protecting the full brand

To protect the full brand, the trademark application should match how the business plans to operate. For example, an application limited to the Latin-script name and the most obvious product category will not cover all parts of the brand or every route to market.

Map relevant Nice classes

The Nice Classification groups goods and services into 45 classes for trademark registration. Protection applies only to the goods and services identified in an application. A consumer-electronics business, for example, may need to consider physical devices, downloadable software, repair services, and retail activities rather than registering only in the class covering hardware to ensure adequate protection.

In addition to current operations, applicants should consider areas of future expansion while avoiding blanket coverage that cannot be justified by genuine commercial plans. Defensive filings may also be worthwhile where a closely related category creates a risk of confusion or brand exploitation. From 2027, the revised law will place greater weight on genuine intention to use, reinforcing the need for targeted defensive filings supported by a credible commercial rationale.

Choose and register the Chinese name

A registration for a Latin-script brand does not automatically protect its Chinese name.

When comparing marks in different languages, Chinese courts may consider the marks’ distinctiveness and similarity, the relationship between the relevant goods or services, and whether Chinese consumers have formed a stable association between the marks. Establishing this association after a dispute can require substantial evidence of use and recognition in China. Foreign brands should therefore consider registering the Latin-script mark and their chosen Chinese-character mark separately. Separate filings also provide clearer rights when the different versions of the brand are used independently on packaging or advertising.

Choose between direct CNIPA filing and the Madrid System

Foreign brands can seek protection in the Chinese Mainland by filing with the China National Intellectual Property Administration (CNIPA) directly or by designating China under the Madrid System.

For a direct application, a foreign company without a business domicile in China must appoint a legally established trademark agency. However, direct filing gives the business more control over the application, particularly over the specification of goods and services. A direct CNIPA registration is also independent of any home-country mark, while a Madrid registration remains dependent on its basic mark for five years and can be cancelled if that mark ceases to have effect.

The Madrid System allows an eligible business to seek protection in several member jurisdictions through one international application based on a trademark application or registration in its home jurisdiction. It can reduce administrative work and centralise management of the resulting international registration. CNIPA still decides whether the China designation receives protection, and the Madrid route does not replace a China-specific filing strategy.

Neither system extends to Hong Kong, Macao, or Taiwan, meaning businesses seeking trademarks in these jurisdictions must apply separately through the relevant trademark offices.

Build trademark registration into the launch plan

In sum, trademark filing should begin before the name is shown to prospective partners, printed on packaging, or promoted to Chinese consumers. Businesses should take the following steps before launch.

Check six-month priority under Article 25

Article 25 of China’s Trademark Law allows an applicant that first filed the same mark for the same goods or services abroad to claim that earlier filing date for a China application submitted within six months, provided the relevant conditions are met. The applicant must claim priority when filing in China and submit a copy of the first application within three months. A valid priority claim can therefore take precedence over an intervening application filed in China during the six-month period.

Outline the process of trademark registration

Under the law in force until 31 December 2026, CNIPA has up to nine months to examine an application. A preliminarily approved mark is then published for a three-month opposition period. From 1 January 2027, the revised law reduces the opposition period to two months. Refusals, objections, or oppositions can extend the process, so businesses should file well before the intended launch.

• Confirm the launch scope. Identify the products, services, sales channels, and planned extensions in the Chinese Mainland. Treat Hong Kong, Macao, and Taiwan as separate trademark jurisdictions.
• Select the owner and users. File in the intended long-term owner’s name. Give subsidiaries, distributors, manufacturers, and platform operators the necessary rights through documented licences rather than informal control of the mark.
• Clear the brand. Search the Latin-script name, Chinese-character options, phonetic variants, and logos across the required goods and services before committing to the launch identity.
• File before exposure. Submit the core applications before distributor talks, trade fairs, packaging disclosure, crowdfunding, influencer activity, or platform onboarding.
• Plan for expansion. Cover the principal marks, relevant Nice classes, Chinese-language branding, and products or services the business is likely to add.
• Monitor the register. Watch preliminary publications and be ready to oppose conflicting applications.
• Use and enforce the mark. Keep evidence of genuine use, document licences, complete platform brand verification, and consider customs recordal after registration.

A registered mark must also be maintained. It can be challenged after three consecutive years of non-use. Businesses should retain evidence of genuine and consistent use, including contracts, invoices, packaging, advertising, and authorised use by licensees. The revised law will strengthen the non-use cancellation mechanism from 2027.

How Dezan Shira & Associates can help

Dezan Shira & Associates is an authorised trademark agency in China. Our Intellectual Property Advisory team assists businesses with trademark strategy, clearance searches, registration, prosecution, renewal, cancellation, invalidation, assignment, and licensing.

Working closely with our market-entry, legal, and business advisory teams, we help foreign investors develop trademark strategies that align with their commercial objectives in China. From securing trademark rights before market entry to maintaining and enforcing registered rights, we support businesses throughout the brand protection lifecycle.

Contact us to discuss your trademark and market-entry needs with an advisor.