Complete guide to Chinese brand name trademark checks for foreign businesses. Learn first-to-file rules, CNIPA search process, Class 35 strategy, and how to avoid trademark squatting before entering China.
You found the perfect Chinese brand name. The characters sound good, the meaning is positive, and your Chinese colleague gave it a thumbs up. You launch your product in China, and three weeks later you get a cease-and-desist letter. Someone else registered your name as a trademark two months ago.
Welcome to China's first-to-file trademark system.
China does not recognize "first use" the way the US or EU does. If you use a brand name in China without registering it, you have zero legal protection. Worse: someone else can register your name, then sue you for trademark infringement on a mark you created.
This guide walks you through the Chinese brand name trademark check process — why it matters, how to search, what classes to file under, and the steps to secure your brand before your first sale.
The key difference is first-to-file vs first-to-use.
Real example: In 2017, a US tech startup sold products on Alibaba under a unique brand name for 18 months without registering a Chinese trademark. A local distributor filed the name as a trademark, then blocked the US company from selling on Tmall. The US company spent $45,000 in legal fees and eventually had to rebrand in China.
This is called trademark squatting (商标抢注, shāngbiāo qiǎngzhù), and it is a multi-million dollar industry in China. Squatters monitor new foreign brands entering the market, register their names before they do, then demand payment or file infringement claims.
Before you commit to a Chinese brand name, search CNIPA's database to see if it is already registered.
Free option: Use the official CNIPA search tool at http://sbj.cnipa.gov.cn/ (Chinese only). Search by:
Paid option: Hire a Chinese trademark agent (required for foreign applicants anyway) to run a professional search. They will search:
What to search for:
| Search Result | What It Means | What to Do |
|---|---|---|
| No match found | Name is available — proceed with filing | File immediately |
| Similar name found in different class | May be OK, but check carefully | Consult a trademark agent |
| Exact match found | Name is taken — cannot register | Go back to naming |
| Similar name found in same class | High risk of rejection on examination | Choose a different name |
China uses the Nice Classification system with 45 classes:
For most foreign brands, the critical classes are:
| Class | Covers | Why It Matters |
|---|---|---|
| Class 35 | Advertising, business management, retail services | Essential for any brand — covers online sales, retail, and marketing |
| Class 9 | Software, apps, electronics | For tech companies and app-based brands |
| Class 25 | Clothing, footwear, headwear | For fashion and apparel brands |
| Class 43 | Food and drink services | For restaurants, cafes, food brands |
| Class 41 | Education, entertainment | For content, courses, media brands |
The Class 35 trap: Many foreign brands overlook Class 35, assuming it is not relevant. But if you sell through e-commerce (Tmall, JD, Amazon China), Class 35 covers "retail services" and "online marketplace services." If a squatter registers your name in Class 35, they can block your e-commerce operations.
Multi-class filing strategy: File in your primary class (what you sell) PLUS Class 35 (e-commerce/advertising) as a minimum. If budget allows, file in related classes too.
Foreign applicants must use a registered Chinese trademark agent. You cannot file directly with CNIPA from outside China.
Required documents:
Application fee: Approximately CNY 270 per class (about $45 USD). Agent fees are additional — typically $300-$800 per class depending on complexity.
Filing routes:
| Route | Timeline | Cost | Best For |
|---|---|---|---|
| Direct CNIPA filing | 7-9 months | ~$45/class + agent fees | Brands entering only China |
| Madrid Protocol | 12-18 months | Varies | Multi-country filers |
Once filed, your application goes through:
Total timeline: 7-9 months for a smooth application.
Common rejection reasons:
If rejected, you can file a response within 15 working days (extendable to 30). A good trademark agent can often overcome initial rejections through argument or amendment.
Once registered, your Chinese trademark is valid for 10 years from the filing date, renewable indefinitely.
Maintenance requirements:
Enforcement:
Trademark squatting is not a hypothetical risk. Thousands of foreign brands have been targeted.
Common squatting scenarios:
Protection strategies:
| Step | Action | Timeline |
|---|---|---|
| 1 | Run preliminary CNIPA search | 1 day |
| 2 | Choose classes (minimum: primary + Class 35) | 1 day |
| 3 | File application through Chinese agent | 1-2 weeks |
| 4 | Monitor examination and respond to office actions | 7-9 months |
| 5 | Maintain registration (use + renew) | Ongoing |
Don't wait. Every day you delay filing, someone else could be filing your name. China's trademark system rewards speed, not priority of use. The cheapest trademark filing is the one you do before a squatter gets there.
Before you commit to a Chinese brand name, run it through the ChineseToolkit Brand Name Checker to verify character meanings and search for conflicts.
Can I file a Chinese trademark myself without an agent? No. Foreign applicants without a Chinese business address must use a registered Chinese trademark agent. This is required by Article 18 of China's Trademark Law.
How much does a Chinese trademark cost? CNIPA official fee is CNY 270 per class (~$45). Agent fees vary but expect $300-$800 per class for a standard application.
How long does Chinese trademark protection last? 10 years from the filing date, renewable indefinitely in 10-year increments.
What if someone is already using my brand name in China but hasn't registered it? In China, registration trumps use. If they haven't registered, you can file and potentially claim rights. If they have registered, you may need to challenge their mark or negotiate.
Can I use my international trademark registration to claim priority in China? Yes. If you filed in another country within the last 6 months, you can claim priority under the Paris Convention. This gives you an earlier filing date in China.
Do I need a separate Chinese trademark for each brand name? Yes. Each unique brand name requires a separate application. If you have multiple brands, file each one separately.
Protect your Chinese brand name before it's too late. Start with the ChineseToolkit Brand Name Checker and then file through a licensed Chinese trademark agent.
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