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How to Register Your Trademark in China: Chinese Brand Name, Subclasses and Timing

China is first-to-file, and a registration in Taiwan, Hong Kong, the US or the EU gives no protection in the mainland. What to file before you enter the market, how the subclass system catches foreign applicants out, and what it costs.

28 August 2026 · updated 28 September 2026|About 5 minutes|By HAN FENG
Unbranded pet harnesses with blank hang tags on a packing table

File in China before you sell, source or advertise there. Mainland China grants trademark rights to the first applicant, not the first user, and your registrations in Taiwan, Hong Kong or elsewhere do not count. A sensible first filing covers your brand in Latin letters, your Chinese brand name and your logo, in the classes and, critically, the Chinese subclasses that match what you actually sell. Official fees are modest, from RMB 270 per class filed online; registration usually takes around nine to twelve months if no one opposes.

By the time most brand owners think about China, the question is often already settled against them: a distributor, a factory or a speculator has filed first. See our separate guide to dealing with a squatted trademark. This article is about avoiding that position, and about the details that make a Chinese registration useful rather than decorative.

Law as of 28 September 2026: PRC Trademark Law (2019 amendment), especially Arts. 4, 15, 18, 22, 32 and 49; China National Intellectual Property Administration (CNIPA) fee schedule (official); Madrid Protocol.

Register the Chinese name, not just the English one

Chinese consumers, retailers and platforms will give your brand a Chinese name whether you choose one or not. If you have not registered it, someone else can. Several well-known foreign brands spent years in litigation over Chinese names they never chose and never filed. Decide on a Chinese name early, check it with native speakers in the mainland, not only in Taiwan or Hong Kong, since characters, pronunciation and connotations differ, and file it as a separate mark. Where it matters, file both simplified and traditional character versions.

Classes are not enough: the subclass system

China uses the international Nice classes, but examines applications against its own Classification of Similar Goods and Services, which divides each class into subclasses. Goods in different subclasses of the same class are generally treated as not similar. A filing that covers "clothing" in one subclass may leave "shoes" or "hats" in another subclass open for someone else to register the same mark. Foreign applicants who copy their home-country specification, or designate China through the Madrid system with broad descriptions, often end up with narrower protection than they think.

Our practice is to pick items in every subclass that covers goods you sell, plan to sell, or that a counterfeiter would plausibly use, and to add a few defensive subclasses for the core mark. The official fee covers ten items per class, so broad coverage within a class costs little extra.

Direct filing or Madrid designation

A foreign company can designate China in an international registration under the Madrid Protocol, or file directly with CNIPA. Madrid is convenient when you are filing in many countries at once. Direct filing gives you full control over the Chinese specification and subclasses, a Chinese registration certificate that local authorities and platforms recognise easily, and a local agent on record for correspondence. Applicants without a residence or business establishment in China must file through a qualified Chinese trademark agency (Article 18). For a brand whose main commercial exposure is in China, we generally recommend direct filing for the key marks.

Timing and cost

CNIPA's official fee is RMB 300 per class covering up to ten items, reduced to RMB 270 for online filing, with a small charge for each additional item. Agency fees come on top. Substantive examination now takes around four months on average. If the application passes, it is published for a three-month opposition period, and if there is no opposition, the registration is issued. From filing to certificate, nine to twelve months is typical.

A registration lasts ten years and can be renewed. It can be cancelled if the mark is not used in China for three consecutive years without a proper reason (Article 49), so keep evidence of use: invoices, packaging, platform listings, advertising. For export-only businesses, manufacturing and export under your mark generally counts, but keep records that show it.

Beyond the trademark

Three other steps are often worth taking at the same time. Record the trademark with China Customs, which allows customs to detain infringing goods at export, a real benefit for brands whose counterfeits are made in China for sale elsewhere. Register key product designs as Chinese design patents, which are quick and inexpensive to obtain. And if you will share drawings or specifications with Chinese factories, put a China-specific NNN agreement in place before you do; see our guide to NNN agreements with Chinese factories.

What we would avoid is registering the brand in the name of a Chinese distributor, agent or local partner "for convenience." Distributors change, and a trademark registered in their name is theirs until you get it back, which can take a lawsuit. Register in the name of the brand owner, and license it.

Frequently asked questions

Related service: China Trademark Protection ↗

File the Chinese mark before the factory, distributor or platform listing.

We can design a filing plan across marks, classes and subclasses, choose a Chinese brand name with you, handle filing and customs recordal, and review distributor and manufacturing agreements so the brand stays in your name.

Related Reading

This article is general information about trademark registration in mainland China as of 28 September 2026 and does not constitute legal advice. Filing strategy depends on your goods, markets and existing rights.

Han Feng

PRC Lawyer | Tiantai Law Firm Shanghai Office | Licence No. 13101201310936574

Last updated: 28 September 2026 · About Han Feng · LinkedIn ↗