Your Sub-Brands Need Their Own Chinese Trademarks: Lessons from the Denza Dispute
BYD, the Chinese carmaker, is being sued in Indonesia over Denza, the name of its premium sub-brand. A local company that holds an Indonesian registration for DENZA in Class 12 is asking the Jakarta Commercial Court for damages and an order stopping Denza vehicle sales (news). These are the claimant's requests; the court has not ruled on the merits, and BYD's local unit has started promoting the cars as Danza. The lesson works in every direction, including for foreign brands entering China: a registration for your house brand does not cover your sub-brands. This guide explains what to register in China for sub-brands and product lines, and what to check first if someone else already holds the mark. It is general information; the Chinese Trademark Law and the facts of each case decide the outcome.
Each name is a separate trademark
- Protection follows the sign: a Chinese registration protects the mark as registered. A premium line, a diffusion line, a model name or a product series name that will appear on goods, packaging or advertising in China needs its own clearance search and its own application.
- First to file: China generally gives the mark to whoever files first, and your registrations elsewhere give you no rights there. Sub-brands are often planned later than the house brand and announced at launches or trade fairs before anyone files, which leaves a gap. For the basics of filing as a foreign company, see Registering a trademark in mainland China as a foreign applicant.
- Classes and subclasses: China divides each class into subclasses. Cover the goods you will actually sell and related ones such as parts, accessories and after-sales services. See what a clearance search covers.
- A Chinese-character version: if the sub-brand will be marketed to Chinese consumers, it will get a Chinese name, whether you choose one or the market does. Choose and file it yourself. See choosing a Chinese brand name.
If someone already holds the mark in China
- Check the current owner of record: look up the registration number, the registered owner and any assignments in the CNIPA register. In China an assignment takes effect only after CNIPA approves and publishes it, and identical or similar marks the owner holds for the same or similar goods must be assigned together. In the Indonesian dispute, local media report that BYD's earlier case was dismissed because the mark had already been assigned to a different company, so BYD had to sue again. Confirm who owns the mark before you oppose, sue or negotiate.
- Use the deadlines: an application can be opposed within three months of its preliminary publication. A registration obtained in bad faith can be challenged by invalidation; some grounds, such as conflict with your prior rights, have a five-year limit from registration.
- Check use: a registration not used for three consecutive years can be cancelled on request.
- Look at the filer: if it is your distributor, agent or another business partner, Article 15 of the current Trademark Law gives you a specific ground to block or invalidate the filing.
- Keep the commercial options open: buying the mark, a licence or a different name for China can run alongside legal action. See trademark squatting in China and how to buy or transfer a mark.
Frequently asked questions
Our Madrid registration designates China. Does it cover our sub-brands? Only the mark in that international registration. Each sub-brand needs its own filing, either directly in China or through a separate Madrid designation.
The sub-brand will only be used on products we export from China. Do we still need it registered? Usually yes, if the name appears on goods made there. See Made in China, not sold in China.
Can we rely on our house brand being well known? Recognition as a well-known mark in China is decided case by case and needs strong evidence of reputation in China. It is a remedy for disputes, not a substitute for filing.
J&C Intellectual Property Agency, founded in 2008, is a CNIPA-recorded trademark agency and a member of the China Trademark Association. We handle clearance searches and trademark filings in China for foreign brands; see our trademark registration service.
