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China trademark guide for foreign applicants · Updated

Registering a trademark in mainland China as a foreign applicant

Mainland China is first-to-file: whoever files first usually gets the mark. Foreign companies and individuals, and businesses from Hong Kong SAR, Macao SAR and the Taiwan region of China without a business establishment on the mainland must file through a trademark agency. File before you sell, manufacture or advertise there, Chinese brand name included.

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Two Trademark Laws in parallel: The current Trademark Law (2019 amendment) applies until 31 December 2026; the Trademark Law as revised in 2026 takes effect on 1 January 2027. It shortens the opposition period from 3 months to 2, allows fines for bad-faith applications, and lets CNIPA cancel on its own initiative registrations not used for 3 consecutive years. This page states both positions; see "Current and new Trademark Law compared" for the differences.

Five questions first

Which route?File directly with CNIPA through a trademark agency; if you already have a home application or registration and file in several countries, you can also designate China through Madrid.Details ↓What do I need?A copy of your business registration with a Chinese translation, a power of attorney, the mark, and goods or services worded according to the Table of Similar Goods and Services.Details ↓How are official fees charged?CNY 270 per class for online filing, covering 10 items; each extra item costs CNY 27. Service fees are quoted by the agent after you submit the order.Details ↓How long does it take?Statutory: examination within 9 months; official statistics: about 4 months on average. Then a 3-month opposition period after publication, 2 months from 2027.Details ↓What are the main risks?Squatters, earlier marks in the same similar group, having no registered Chinese name, and cancellation after 3 consecutive years of non-use.Details ↓
Key facts

Trademarks in mainland China: key facts

OfficeChina National Intellectual Property Administration (CNIPA); its Trademark Office handles trademark examination. Website and search links: IP Toolbox.
LawTrademark Law of the People's Republic of China (2019 amendment) applies until 31 December 2026; the Trademark Law as revised on 26 June 2026 takes effect on 1 January 2027; Implementing Regulations of the Trademark Law (2014 revision)
Territorial scopeMainland China only; Hong Kong SAR, Macao SAR and the Taiwan region each have a separate trademark system and need separate applications
PrincipleFirst-to-file: between identical or similar marks for identical or similar goods, the earlier application is preliminarily approved; for applications filed on the same day, the mark used first
RepresentationForeign individuals and companies with no habitual residence or business establishment in China must use a lawfully established trademark agency (Article 18 of the current law, Article 11 of the new law); the same applies to businesses from Hong Kong SAR, Macao SAR and the Taiwan region with no business establishment on the mainland
LanguageChinese; documents in another language need a Chinese translation, or they are treated as not filed
Multi-class applicationsAllowed; official fees are charged per class
Examination period (statutory)Examination is completed within 9 months of receipt of the application
Examination time (official statistics)Average trademark examination time stable at 4 months (CNIPA, published January 2026, for the 14th Five-Year Plan period, 2021–2025)
Opposition period (statutory)3 months from preliminary publication; 2 months from 1 January 2027
Refusal review (statutory)Request within 15 days of receiving the refusal notice
Term and renewal (statutory)10 years from the registration date; renew in the 12 months before expiry, with a further 6-month grace period
Madrid SystemChina can be designated (the Madrid Protocol took effect for China on 1 December 1995); China charges an individual fee and has an 18-month refusal period; protection does not extend to Hong Kong SAR or Macao SAR
Filing feeCNY 270 per class for online filing (covers 10 items in the class; CNY 27 for each extra item), in force since 1 July 2019

Checked on 2026-10-07; general information only — the office's published rules and fees prevail.

Which route

Direct filing or a Madrid designation

Both routes give protection in mainland China only. They differ in prerequisites, official fees, time limits and handling. Hong Kong SAR, Macao SAR and the Taiwan region need separate applications.

ItemDirect filing with CNIPAMadrid designation of China
PrerequisiteNoneA trademark application or registration at your office of origin as the basis; the goods designated cannot go beyond its scope
AgencyApplicants with no habitual residence or business establishment in China must appoint a lawfully established trademark agency from filingFiled with WIPO through your office of origin; a Chinese trademark agency is needed to respond to a refusal or an opposition in China
Goods and servicesWorded according to the Table of Similar Goods and Services; non-standard wording must be corrected within 30 days of a correction noticeThe list in the international registration is used; CNIPA examines it under the Trademark Law
Official feesCNY 270 per class for online filing (covers 10 items; CNY 27 for each extra item), paid within 15 days of the payment noticeBasic fee and China's individual fee (per class, in Swiss francs) paid to the World Intellectual Property Organization (WIPO)
Examination timeStatutory: examination completed within 9 months of filingRefusal period normally 18 months; if no refusal is issued within it, protection is deemed granted, but a refusal based on an opposition can be notified after the 18 months
After a refusalRequest review within 15 days of receiving the refusal noticeEx officio refusal: request review within 15 days of receiving the notice forwarded by WIPO; refusal based on an opposition: respond within 30 days
Best forMainland China is a key market; you also want to file a Chinese-language mark; you have no home filingYou already have a home application or registration and want protection in several Madrid members

Protection through a Madrid designation of China does not extend to Hong Kong SAR or Macao SAR. For how to choose between the two routes, see Madrid designation or direct national filing. Not sure? Run a free search first, then submit an order online; the agent will recommend a route based on the search results.

What to prepare

Documents checklist

For a direct application through a trademark agency, foreign applicants usually prepare the following. The application and all documents must be in Chinese. Notarisation and legalisation of the power of attorney and supporting documents follow the principle of reciprocity and are not always required; provide them as your agent instructs.

Applicant

  • A copy of the proof of identity: a company submits its registration document from its own country or region; the registration certificate of its representative office or resident office in China cannot be used instead
  • Businesses from Hong Kong SAR, Macao SAR or the Taiwan region submit a copy of their local registration document
  • Documents in another language need a Chinese translation stamped with the seal of the applicant, the agency or a translation company; without a translation they are treated as not filed
  • The applicant's name in Chinese and English, and its address in Chinese and English; when the same applicant files several applications at the same time, one copy of the proof of identity is enough

Power of attorney and service

  • Trademark power of attorney stating the matters entrusted and the agent's authority; foreign applicants also state their nationality
  • A recipient in China, named in the application, to receive later legal documents from CNIPA
  • Whether notarisation or legalisation is needed depends on the reciprocal practice between your country and China

The mark

  • One representation of the mark: in colour if colours are claimed, otherwise in black and white
  • A three-dimensional mark must be declared in the application, with a representation showing at least three views; colour combination marks and sound marks must be declared, with a description of how the mark is used
  • The Chinese brand name you plan to use, filed as a separate trademark application; see "Your Chinese brand name" below

Goods and services

  • State the classes and specific items according to the Table of Similar Goods and Services (items with 6-digit codes); class headings or similar-group names alone are not accepted. You can look items up by class in Table of Similar Goods and Services on this site
  • Items not listed in the table can also be filed, but they must be specific and accurate; non-standard wording will have to be corrected
  • One application can cover several classes

Priority (if claimed)

  • If you file the same mark for the same goods in China within 6 months of your first application abroad, you can claim priority
  • Declare priority in writing when filing and submit a copy of the first application (the original and a full Chinese translation) within 3 months; otherwise priority is treated as not claimed

For the questions foreign companies ask most often, see Eight things foreign companies must know before filing a trademark in China.

Branding

Your Chinese brand name

Consumers on the mainland usually refer to brands in Chinese. File the Chinese name as a separate application, in the same classes as your foreign-language mark, and in the form you actually use on the mainland.

Transliteration

Characters that sound like the foreign name; avoid negative meanings and existing similar marks.

Translation

Translates the meaning of the foreign name, so the meaning is clear; a name that directly describes the goods may be refused for lack of distinctiveness.

Sound and meaning

Close in sound and positive in meaning, easy to remember and to spread.

For how to choose the name and guard against squatting, see Choosing a Chinese brand name: transliteration, translation and squatting risk.

Find your class

Mainland China examines by similar group

The Table of Similar Goods and Services on this site follows CNIPA's Table of Similar Goods and Services: under each of the 45 classes it lists the similar groups and standard item names, with English and Spanish reference translations.

When filing on the mainland, choose standard items with 6-digit codes from the table wherever you can: CNIPA decides whether goods are similar by similar group, standard items can be used as they are, and non-standard wording will have to be corrected. The table is revised every year with the Nice Classification; file according to the text in force on the filing date. Before filing, check again in CNIPA's online trademark filing system. Click a class below to see its entries.

Class 01 ChemicalsClass 02 Paints and varnishesClass 03 Cosmetics and cleaning preparationsClass 04 Industrial oils, greases and fuelsClass 05 PharmaceuticalsClass 06 Metal goodsClass 07 MachineryClass 08 Hand tools and implementsClass 09 Scientific and electronic apparatusClass 10 Medical apparatusClass 11 Lighting, heating and air conditioningClass 12 VehiclesClass 13 Firearms and explosivesClass 14 Jewellery and watchesClass 15 Musical instrumentsClass 16 Paper and stationeryClass 17 Rubber and plastics goodsClass 18 Leather goodsClass 19 Building materialsClass 20 FurnitureClass 21 Household and kitchen utensilsClass 22 Ropes, nets, bags and tentsClass 23 Yarns and threadsClass 24 Textiles and fabricsClass 25 Clothing, footwear and headwearClass 26 Lace, haberdashery and ornamentsClass 27 Carpets, mats and wall hangingsClass 28 Toys, games and sporting goodsClass 29 Meat, fish, dairy and preserved foodsClass 30 Staple foods, coffee, tea and confectioneryClass 31 Agricultural and fresh produceClass 32 Beers and non-alcoholic beveragesClass 33 Alcoholic beveragesClass 34 Tobacco and smokers' articlesClass 35 Advertising and businessClass 36 Finance, insurance and real estateClass 37 Construction and repairClass 38 TelecommunicationsClass 39 Transport and storageClass 40 Treatment of materialsClass 41 Education and entertainmentClass 42 Scientific and technological servicesClass 43 Food, drink and accommodation servicesClass 44 Medical, beauty and agricultural servicesClass 45 Legal, security and personal services

Open the Table of Similar Goods and Services →

How long

Process and timeline

Example: a direct application through a trademark agency, with no refusal and no opposition.

  1. Step 1

    Clearance search (recommended)

    Search earlier marks by similar group; settle the Chinese name and the items

  2. Step 2

    Filing and acceptance

    The agency files online; pay within 15 days of the payment notice, and make any corrections within 30 days

  3. Step 3

    Substantive examination

    Completed within 9 months (statutory); about 4 months on average (official statistics)

  4. Step 4

    Preliminary publication

    3-month opposition period (statutory); 2 months from 1 January 2027

  5. Step 5

    Registration

    If no opposition is filed by the end of the period, the mark is registered and a certificate issued; the 10-year term runs from the registration date

With no refusal or opposition, registration takes about 7 months from filing (estimate, based on CNIPA's published target of "a 7-month registration cycle in ordinary cases"; from 2027 the opposition period is 1 month shorter).

If the application is refused, you can request review within 15 days of receiving the refusal notice (statutory); CNIPA decides within 9 months, extendable by 3 months in special circumstances. If only some goods are refused, the approved part can be divided into a separate application and published first. If an opposition is filed, CNIPA decides whether to register the mark within 12 months of the end of the publication period, extendable by 6 months in special circumstances. For handling refusals, see What to do when your China trademark application is refused.

How to read the periods: "statutory" = set by law; "official statistics" = averages published by the office; "estimate" = typical cases. Actual timing varies.

From 2027

Current and new Trademark Law compared

The Trademark Law as revised on 26 June 2026 grows from 8 chapters and 73 articles to 9 chapters and 87 articles, so most article numbers change. The table lists only the differences that matter to foreign applicants.

MatterCurrent (until 31 December 2026)From 1 January 2027
Opposition period3 months from preliminary publication (Article 33)2 months (Article 36)
Applications not intended for useBad-faith applications are refused (Article 4)Applications not intended for use that clearly exceed normal business needs are not registered (Article 19); where they cause adverse effects, a warning and a fine of up to CNY 100,000 (Article 54)
3 consecutive years of non-useAnyone can request cancellation (Article 49)Anyone can request cancellation, and CNIPA can also cancel on its own initiative (Article 57)
Well-known marks not registered in ChinaProtected only for identical or similar goods (Article 13)Also protected for goods that are not identical or similar (Article 21)
One-year bar after cancellation, invalidation or non-renewalApplications by others for identical or similar marks are not approved for one year (Article 50)Kept only where the owner voluntarily surrenders the registration (Article 49)
Foreign applicants and agenciesMust use a lawfully established trademark agency (Article 18)Same, moved to Article 11, which states that it applies to applicants with no habitual residence or business establishment in China
Signs that can be registeredWords, devices, letters, numerals, three-dimensional signs, colour combinations, sounds and others (Article 8)Motion (dynamic) signs added (Article 14)
Examination period, renewal and grace period9-month examination (Article 28); renew in the 12 months before expiry, 6-month grace period (Article 40)Unchanged (Articles 32 and 44)

How the new law applies to applications already filed: as of 7 October 2026, CNIPA has not published transitional rules, and the Implementing Regulations of the Trademark Law are still the 2014 revision. A draft judicial interpretation released for public comment by the Supreme People's Court on 14 September 2026 provides that the opposition period stays at 3 months where the preliminary publication date falls before the new law takes effect, and that a court challenge to a refusal review decision is governed by the Trademark Law in force when the review decision was made. The rules as finally published prevail.

How much

Official fees

CNIPA charges per class. The table below shows the current rates from the official fee schedule (online filing with electronic service, in force since 1 July 2019; paper filings pay the full rate, online filings 90% of it). The Trademark Law as revised in 2026 still provides that the specific fees are set separately, and has not changed them.

ItemChargedAmountApprox. USD
Paid on filing
Filing fee (online; up to 10 items per class, CNY 27 per extra item)Per class270 CNY≈ USD 40
Payable when applicable
Each item beyond 10 in a class (online filing; CNY 30 on paper)Per item27 CNY≈ USD 4
Keeping the registration
Renewal (within 12 months before expiry, every 10 years, per class; online)Per class450 CNY≈ USD 67
Late renewal surcharge (6-month grace period after expiry, on top of the renewal fee, per class; online)Per class225 CNY≈ USD 34
Other
Change of owner's name, address, etc. (free online with electronic notices; CNY 150 on paper)Per class0 CNY—
Assignment of a registered mark (per class; online)Per class450 CNY≈ USD 67
Recordal of a trademark licence (online)Per class135 CNY≈ USD 20
Review and adjudication (appeal against refusal or against a decision not to register, etc., per class; online where available, CNY 750 on paper)Per class675 CNY≈ USD 101
Replacement registration certificate (online)Per application450 CNY≈ USD 67
Trademark certificate of status (online)Per application45 CNY≈ USD 7

Source: sbj.cnipa.gov.cn · current fees in force since 2019-07-01 · checked on 2026-10-07 · USD figures are approximate, converted at the Bank of China spot selling rate (or, for currencies it does not quote, at the central bank's published USD rate); the official fee is the amount in the original currency

Official fees are as published by the office; the service fee is quoted by an agent after you submit, and you pay only after accepting the quote.

Example: an application covering 3 classes, one of them with 15 items, costs 3 × CNY 270 + 5 × CNY 27 = CNY 945 in official fees for online filing.

Official fees are paid within 15 days of receiving CNIPA's payment notice. An opposition, or a request to cancel a registration not used for 3 consecutive years, costs CNY 450 per class online; review matters such as refusal review and invalidation cost CNY 675 per class online (some are not yet available online; CNY 750 on paper). For a Madrid designation of China, China's individual fee is paid to WIPO instead.

Service fees are quoted by the agent after you submit the order; you pay only after accepting the quote.

Watch out

Rules specific to mainland China and common refusals

These are the problems foreign applicants meet most often in mainland China; the rules on squatting, similar groups and non-use cancellation are specific to the mainland.

First-to-file, and squatting is common

Ownership on the mainland follows the order of filing; registrations abroad and earlier use generally cannot be relied on against someone else's earlier application on the mainland. Only a mark already used on the mainland with a certain influence can support an opposition or invalidation against pre-emptive registration (Article 32 of the current law; Article 24 of the new law refers to "intentional" pre-emptive registration). If an agent, representative or distributor files your mark in its own name without authorisation, you can oppose or seek invalidation under Article 15 of the current law (Article 22 of the new law); see Trademark squatting in China. The safest course is to file before you enter the mainland market.

Similar groups decide the scope of conflict

CNIPA decides whether goods or services are similar by the similar groups of the Table of Similar Goods and Services: an earlier identical or similar mark in the same group will usually be cited against you, and items in different classes can also be treated as similar. Search by similar group before filing; see Before you file in China: what a clearance search covers. If only some goods are refused, you can divide the application so that the approved part is published first.

No registered Chinese name

The exclusive right is limited to the mark as registered (Article 56 of the current law, Article 71 of the new law): registering only the foreign-language mark does not protect its Chinese translation. Consumers and e-commerce platforms on the mainland often refer to foreign brands by a Chinese name; if you do not file it, someone else may. The Chinese name can be a transliteration, a translation or a mix of both, filed as a separate application.

Cancellation after 3 consecutive years of non-use

If a registered mark is not used for 3 consecutive years without good reason, anyone can request its cancellation (Article 49 of the current law, Article 57 of the new law); the owner must submit evidence of use or a good reason within 2 months of the notice. From 1 January 2027, CNIPA can also cancel such registrations on its own initiative. Keep dated evidence of use on the mainland, such as sales contracts, invoices and advertisements.

Stricter rules on bad-faith applications

The current law refuses bad-faith applications not intended for use (Article 4). From 2027, applications not intended for use that clearly exceed normal business needs will not be registered (Article 19 of the new law); where they cause adverse effects, the enforcement authority issues a warning and may impose a fine of up to CNY 100,000 (Article 54 of the new law). Choose classes and goods according to your actual business needs, and have a reasonable basis for large-scale defensive filings.

Free search: can your mark be registered in China (mainland)?

Each account gets 1 free preliminary search a day: sign in, enter the mark and goods, and the report goes to your account and email.

Free search

If someone has filed your brand first

There are three ways to deal with squatting, each with its own time limit: oppose during the publication period, request invalidation after registration, or request cancellation once the other party has not used the mark for 3 consecutive years.

Trademark squatting in ChinaOpposition, invalidation and non-use cancellation: the conditions and time limits for each, including filings by distributors and agents under Article 15.
After registration

Keeping the registration

A registration lasts 10 years from the registration date, under both the current and the new Trademark Law. The fees below are the online rates (per class), in force since 1 July 2019.

WhenWhat to doOfficial fee
Throughout the registrationUse the mark genuinely on the mainland and keep dated evidence of use; after 3 consecutive years of non-use, the registration can be cancelledNone
In the 12 months before expiry, then every 10 yearsRenew the registrationCNY 450
In the 6-month grace period after expiryRenew and pay the late fee; if the mark is not renewed by the end of the grace period, the registration is cancelledRenewal fee plus CNY 225
When the name, address or other details changeRequest recordal of the change; a change of name needs a certificate of change issued by the registration authorityCNY 0 online
On assignmentThe assignor and assignee file jointly; similar marks on identical or similar goods must be assigned together; the assignee acquires the exclusive right once the assignment is approved and publishedCNY 450
When licensing the markRecord the licence; an unrecorded licence cannot be invoked against a third party acting in good faithCNY 135

For practical points, see Keeping a China trademark alive: renewal, changes, assignment and licence recordal and Trademark licence recordal in China. Once registered, the mark can be recorded with the General Administration of Customs of China for IP border protection; see "China Customs IP recordal" below.

China Customs IP recordal

Once your mark is registered on the mainland, you can record it with the General Administration of Customs of China for IP border protection: when customs finds imports or exports suspected of infringing a recorded mark, it notifies the rights holder in writing, and the rights holder can apply for the goods to be detained. Rights holders based outside China must apply through their office in China or through an agent in China. Recordal is free of charge, and the General Administration of Customs decides within 30 working days of receiving all application documents. A recordal lasts 10 years (or until the trademark expires, if sooner) and can be renewed in the 6 months before it expires.

Order customs recordal onlineSubmit your trademark details; the agent assesses them and quotes.China Customs IP RecordalScope of recordal, documents required and procedure.China Customs IP recordal: a guide for foreign rights holdersWhat recordal does, its term and renewal.
FAQ

Trademark registration in mainland China

Does a Hong Kong SAR registration cover mainland China?

No. Mainland China, Hong Kong SAR, Macao SAR and the Taiwan region each have a separate trademark system and need separate applications; protection through a Madrid designation of China does not extend to Hong Kong SAR or Macao SAR either.

For how to file in each, see Trademark registration in Hong Kong SAR, China, Trademark registration in Macao SAR, China and Trademark registration in the Taiwan region, China.

Can a foreign company file without a trademark agency?

Foreign individuals and companies with no habitual residence or business establishment in China must use a lawfully established trademark agency (Article 18 of the current Trademark Law; Article 11 from 2027). CNIPA has clarified that a wholly owned branch lawfully set up in China by a foreign company is a Chinese enterprise, not that foreign company's business establishment in China.

Businesses from Hong Kong SAR, Macao SAR and the Taiwan region with no business establishment on the mainland also need an agency; individuals holding a mainland travel permit, or a residence permit for residents of Hong Kong SAR, Macao SAR and the Taiwan region, valid for one year or more can file themselves.

Do I need a Chinese-language trademark in mainland China?

The law does not require one. But the exclusive right is limited to the mark as registered: registering only the foreign-language mark does not protect its Chinese translation. If you plan to sell or advertise on the mainland under a Chinese name, file that name separately. For how to choose one, see Choosing a Chinese brand name.

Someone has filed my trademark in mainland China. What can I do?

It depends on how far their mark has got. If it is still in the preliminary publication period, file an opposition (3 months now, 2 months from 2027). If it is registered, request invalidation within 5 years of registration on grounds such as prior rights or squatting by an agent; the 5-year limit does not apply against a bad-faith registration of a well-known mark, and anyone can at any time request invalidation of a registration obtained by fraud or other improper means. If it has been registered for 3 years without use, request cancellation. See Trademark squatting in China.

How does the new Trademark Law of 2027 affect applications already filed?

Marks already registered remain valid (Article 87 of the new law). As of 7 October 2026, CNIPA has not published transitional rules for applications still under examination; a draft judicial interpretation released for public comment by the Supreme People's Court in September 2026 provides that the opposition period stays at 3 months where the preliminary publication date falls before the new law takes effect. The rules as finally published prevail.

Under the new law, bad-faith applications can be fined and CNIPA can cancel on its own initiative registrations not used for 3 consecutive years, so keep evidence of use for the marks you hold.

How much does a trademark cost in mainland China, and how long does it take?

Official fees for online filing are CNY 270 per class, covering 10 items; each extra item costs CNY 27. For example, 3 classes with up to 10 items each cost CNY 810. The statutory examination period is 9 months, CNIPA's published average examination time is about 4 months, and a 3-month opposition period follows (2 months from 2027); with no refusal or opposition, registration takes about 7 months (estimate). Service fees are quoted by the agent after you submit the order; you pay only after accepting the quote.

Other IP rights

Patents: foreign individuals and companies with no habitual residence or business establishment in China must use a lawfully established patent agency (Article 18 of the Patent Law). Invention patents last 20 years and utility models 10 years, both from the filing date; PCT applications can enter the Chinese national phase.

Designs: protected for 15 years from the filing date; the Hague Agreement took effect for China on 5 May 2022, so China can be designated through the Hague System.

Patent applications are handled through an affiliated patent agency.

IP news: Mainland China

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