Small Brand, Limited Budget: Which IP Protection to Pay for First in China

Small brands that make products in China often ask the same question: with a limited budget, which intellectual property protection should we pay for first? You cannot register everything in every class, and not every right fits every product. This guide sets out an order that works for most small brands manufacturing or selling in China, what each step protects, and what can usually wait. It is general information; the right order depends on your product, where you sell and how you work with your factories.

First: a Chinese trademark for your brand, in your core class

For most brands this is the cheapest and most important step. China registers trademarks on a first-to-file basis, and your registrations elsewhere give you no rights there. If someone else registers your brand in China, that registration can be used against your factory, your exports and any later entry into the Chinese market.

• Cost: the CNIPA official fee for an online filing is RMB 270 per class for up to 10 goods or services, plus RMB 27 for each additional item. Agent fees come on top.
• Scope: start with the class covering the goods you actually make. China also groups goods into subclasses, so choose the items with the subclasses in mind; see what a clearance search covers.
• Timing: file before you send your logo to a factory or start production, if you can.

Second: a design patent, if the product's look is what gets copied

A trademark does not stop a factory or a competitor from copying the shape of your product without your brand. For products whose appearance is what sells them, a Chinese design patent is often the most useful right against copies. A design patent lasts up to 15 years from filing.

Timing matters more than cost here. A design must normally be new when you file, and China has no general grace period for your own earlier disclosure. Article 24 of the Patent Law allows a six-month window only in specific cases, such as disclosure by someone else without your consent. File before you show the design at a trade fair, on a crowdfunding page or on your website.

Third: contracts with the factory

A supply agreement or an NNN agreement (non-disclosure, non-use, non-circumvention) costs legal time rather than official fees, and can bind the factory where no registered right exists. It works best in Chinese, governed by Chinese law and with jurisdiction where the factory is located. It does not replace registration. See what to register and sign before sending drawings to a factory.

Fourth: customs recordal, once the trademark is registered

China Customs charges no official fee to record a registered trademark or patent. Once recorded, customs can detain infringing goods at export, which matters if copies of your product are being shipped abroad from China. See China customs IP recordal.

What can usually wait

• Defensive filings in many classes: add classes when you have a concrete reason, such as products you plan to launch or classes where squatters typically file.
• A Chinese-character version of the brand: important if you sell in China or plan to; for production-only brands it can often come later. Squatters do file Chinese versions of foreign brands, so do not leave it indefinitely. See choosing a Chinese brand name.
• Copyright registration: copyright in artwork and photos exists without registration. A voluntary Chinese registration certificate helps with platform complaints, so it is worth doing when you expect to file takedowns.
• Utility model and invention patents: relevant only if your product has a real technical feature worth protecting.

A simple plan for a first year

1. Clearance search, then a trademark filing in your core class.
2. A design patent before launch, for appearance-led products.
3. An NNN or supply agreement before you share drawings.
4. Customs recordal when the trademark is registered.
5. Monitoring of new filings of your brand, so you can oppose within the three-month publication period.

Frequently asked questions

Is a Madrid filing cheaper than a direct Chinese filing? It can be if you designate several countries at once, but the goods description and any refusal still follow Chinese practice. Compare both before deciding.

We already launched the product. Is a design patent still possible? Usually not for the design you have already published, unless one of the Article 24 exceptions applies. It can still be worth filing for new versions before you show them.

Do we need all of this if we only manufacture in China? The trademark and the factory contract still matter most; see Made in China, not sold in China.

J&C Intellectual Property Agency, founded in 2008, is a CNIPA-recorded trademark agency and a member of the China Trademark Association. We handle trademark searches, filings and customs recordals in China for foreign brands; see our trademark registration service.