China is the world's largest trademark market, with more than 7 million trademark applications filed every year. Competition is intense, and the official refusal rate remains around 30–40%, making trademark registration increasingly challenging for businesses.
Imagine you own Lan Fong Yuen, one of Hong Kong's most iconic cha chaan teng brands. When expanding into Mainland China, you discover that another company has already registered the "Lan Fong Yuen" trademark. It even opened over 100 franchise stores, charging RMB 300,000 per franchise, while the genuine brand was unable to use its own name.
This is not an isolated case. Many Hong Kong businesses have lost their trademark rights in China because they did not register early enough. If you're planning to enter the Chinese market, early trademark registration is essential. This guide walks you through five key steps to help you register your trademark in China and protect your brand.
Step 1: Create a Distinctive Brand Name
Why is choosing the right name so important?
The first and most important step in trademark registration is creating a name with distinctiveness. A distinctive trademark helps consumers identify your brand rather than merely describing your products or services. If a trademark lacks distinctiveness, it is more likely to be refused during examination or challenged after registration.
Under the China Trademark Law, the following types of trademarks are generally not registrable:
1. Names involving national symbols or politically sensitive terms
Trademarks containing words such as "China", "Chinese", or references to national emblems—including the national flag, national emblem or military symbols are generally prohibited by law.
2. Generic Industry or Product Terms
Generic names for an industry or product are generally not registrable as trademarks. For example, registering "Milk Tea" for a milk tea shop would likely be refused because it is the common name of the product. Allowing one business to monopolize the term would unfairly prevent others from using it.
However, generic words may be distinctive when used in unrelated industries. For example, Apple cannot normally be registered for food-related goods (such as Classes 29, 30, or 43), but it is highly distinctive in the technology industry because it has no direct connection with computers or electronics. Similarly, trademarks such as Apple Daily and Apple Storage also demonstrate trademark distinctiveness in different industries.
3. Purely descriptive words
Names such as "Delicious Milk Tea" or "Rich Coffee" merely describe product characteristics rather than identifying a particular business. These expressions are considered descriptive and generally lack trademark distinctiveness. Consumers are more likely to perceive them as advertising slogans than as indicators of commercial origin. In some cases, they may also be regarded as misleading or promotional claims.
Why Is Registering a Trademark in China So Challenging?
Creating a brand name is only the first step. In practice, trademark registration in China is subject to legal requirements, examination standards, and market competition. Understanding the following challenges can help businesses better plan their trademark strategy and reduce the risk of refusal.
1. First-to-File System
Unlike Hong Kong, China adopts a first-to-file trademark system. Trademark rights generally belong to whoever files first, regardless of who has used the brand longer. Even if your brand is well known overseas, someone else may register it in China before you. Some trademark squatters actively target overseas brands for this purpose.
👉Recommendation: Even if you have no immediate plans to enter the Chinese market, consider registering your trademark early to reduce the risk of trademark squatting.
2. Limited Availability of Short Chinese Brand Names
Most Chinese brand names with three characters or fewer have already been registered, making short names more likely to conflict with existing trademarks and face refusal.
👉Recommendation: Consider using four or more Chinese characters to improve your chances of registration. If your preferred name is already taken, adding a distinctive word before the existing name usually offers a better chance of approval than adding one after it. For example, if "星河" (Xing He) is already registered, "極光星河" (Aurora Xinghe) is generally more distinctive than "星河極光" (Xinghe Aurora).
3. Similar Pronunciation and Characters
When examining trademarks, CNIPA considers not only the appearance of a trademark, but also its pronunciation, meaning, and overall impression. Different Chinese characters may still be considered similar if they have the same or similar pronunciation. For example, "稻香" and "稻響" are pronounced "Dao Xiang" in Mandarin and may be considered confusingly similar. This is especially important for Hong Kong businesses. Even if two names sound different in Cantonese, they may have the same Mandarin Pinyin pronunciation. For example, "興記" and "幸記" are both pronounced "Xing Ji" in Mandarin and may therefore be refused.
👉Recommendation: Choose a brand name that is distinctive in its appearance, pronunciation, and meaning to reduce the risk of refusal.
4. Stricter examination of negative or offensive words
In recent years, CNIPA has adopted a much stricter approach towards trademarks containing words with negative, offensive, or socially undesirable meanings. Although certain expressions were approved in the past, many similar applications are now refused because they are considered likely to have an adverse social impact. It is important to note that these assessments are often subjective, with no absolute standard.
👉For example: The trademark "廢柴" ("Loser") was successfully registered in 2018 but would likely face refusal today because of its negative connotation. Likewise, "刀戰神" ("Blade God of War"), despite appearing to be a fantasy or martial arts-themed name, was refused because the authorities considered it to promote excessive violence and produce an undesirable social influence.
5. A Chinese applicant name is required
When filing a trademark application in China, every applicant must provide an official Chinese name. Many Hong Kong and overseas companies do not establish one early on, and deciding on a Chinese name later often involves lengthy internal approvals. This can delay the application and increase the risk of missing the opportunity to register the trademark first.
👉Recommendation: Businesses should determine their official Chinese company name as early as possible and include it in their trademark strategy before entering the Chinese market.
Step 2: Choose the Right Trademark Classes for Comprehensive Protection
What Are Trademark Classes?
When filing a trademark application, you must specify the relevant Nice Classification classes. The Nice Classification is an internationally recognized system consisting of 45 classes—Classes 1–34 cover goods, while Classes 35–45 cover services. In China, each class is further divided into hundreds of subclasses, which serve as the basis for trademark examination.
Relationship Between Classes and Subclasses
Example 1: Restaurant Brands
Restaurant brands often register multiple classes to protect both their food products and dining services.
Class (Nice Classification) | Common Subclasses |
|---|---|
Class 29 – Meat, preserved foods and dairy products | 2901 Meat; 2902 Fish products; 2904 Fruit & vegetable snacks; 2907 Dairy products and soy milk |
Class 30 – Processed plant-based foods and seasonings | 3001 Coffee, chocolate drinks; 3002 Tea and tea beverages; 3004 Confectionery; 3006 Bread, cakes and biscuits |
Class 35 – Advertising and business management | 3501 Advertising; 3502 Franchise management; 3503 Online marketplace & sales promotion; 3509 Retail and wholesale services |
Class 43 – Restaurant and hospitality services | 4301 Restaurant, café and catering services |
Example 2: Fashion Brands
Fashion brands commonly protect not only clothing, but also accessories, leather goods and retail services.
Class (Nice Classification) | Common Subclasses |
|---|---|
Class 18 – Leather goods, bags and umbrellas | 1802 Wallets, handbags, backpacks, belts; 1803 Umbrellas |
Class 25 – Clothing | 2501 Clothing; 2507 Footwear; 2508 Hats; 2509 Socks |
Class 35 – Advertising and retail services | 3501 Advertising and product display; 3502 Fashion marketing and consumer information; 3503 Online marketplace and import/export agency services |
How to Choose the Right Trademark Classes
When selecting trademark classes, consider the following three strategies:
1. Prioritize Your Core Business: Register the class that directly covers your main products or services. For example, a restaurant should first register Class 43, which covers restaurant and catering services.
2. Cover Related Products and Services: Think about your current and future business expansion. For example, many restaurants also sell packaged food products, such as Maxim's Chinese New Year puddings or Ichiran instant ramen. In these cases, Classes 29 and 30 should also be considered.
3. Consider Defensive Registrations: If your budget allows, register additional classes that may become relevant as your business grows. For example, restaurants may also consider Class 35 for franchise management and business operations ; Class 41 for cooking classes and food-related education. Defensive registrations help prevent competitors from registering your brand in related industries.
Choosing the right trademark classes determines the scope of your brand protection. Selecting too few classes may limit future business expansion or even prevent you from using your trademark on certain products.
For example, MUJI could not use its Chinese trademark 「無印良品」 on Class 24 products, such as towels and bedding, because another company had already registered the trademark in that class.
Similarly, G2000 registered Class 25 for clothing but failed to register Class 18 for belts and bags. It was later sued for trademark infringement and ordered to pay over RMB 12 million in damages.
Proper class planning, including defensive registrations, helps reduce legal risks and protect your brand as your business grows.
Step 3: Separate Word and Logo Trademark Applications
When registering a trademark in China, one important decision is whether to file your word mark and logo together or separately. CNIPA examines each element of a trademark individually. If any element—such as the word mark or logo—is considered similar to an existing trademark or lacks distinctiveness, the entire application may be refused. Since logo examinations are often more subjective, many businesses choose to file separate applications for greater protection.
If a combined application is refused, the word mark cannot be protected independently and a new application must be filed, losing its original filing date. Under China's first-to-file system, this creates an opportunity for competitors to register the brand name first. Registering the word mark and logo separately reduces this risk and allows each element to obtain independent legal protection.
Separate vs. Combined Applications
Separate Applications | Combined Application | |
|---|---|---|
Advantages | • Refusal of one element does not affect the other. | • Only one application is required. |
Disadvantages | • Higher filing costs. | • Refusal of any element results in refusal of the entire application. |
Step 4: Conduct a Comprehensive Trademark Search
Why Is a Trademark Search Important?
Around 70% of trademark refusals result from conflicts with existing trademarks. Conducting a comprehensive search before filing helps identify potential conflicts in wording, pronunciation, meaning, and logos, significantly reducing the risk of refusal.
Method 1: Search the Official Database
You can search the China National Intellectual Property Administration (CNIPA) trademark database to check whether identical or similar trademarks already exist.
When searching, you should:
Search your proposed trademark name.
Check similar Chinese characters, Pinyin, and English names.
Review related classes and subclasses.
Note: Users outside Mainland China, including those in Hong Kong, may experience access restrictions or slow loading speeds when using the CNIPA website.
Method 2: Use a Third-Party Platform
Businesses may also use third-party trademark search platforms. For example, the WIPO Global Brand Database supports international trademark searches. However, its China records mainly cover Madrid System registrations and may not include all trademarks filed directly with CNIPA.
Alternatively, platforms like Regitup provide an up-to-date China trademark database with AI-powered trademark analysis. In addition to searching similar trademarks, Regitup can estimate the likelihood of successful registration and suggest alternative brand names when conflicts are identified, helping businesses make better filing decisions before submitting an application.
Step 5: Work with a Trademark Agent
Under China's trademark law, overseas applicants—including individuals and companies outside Mainland China—cannot file trademark applications directly with the China National Intellectual Property Administration (CNIPA). Applications must be submitted through a qualified China trademark agency.
In addition, trademark applications may face refusals or oppositions during the registration process. An experienced trademark agent can provide professional advice, prepare supporting documents, and improve the chances of a successful outcome. For example, Hong Kong beverage brand Vita successfully registered its trademark in China after its initial application was refused, with the assistance of a trademark agent during the review process.
How a Trademark Agent Can Help
Improve your chances of success by assessing registrability before filing.
Recommend appropriate classes and subclasses for broader trademark protection.
Prepare documents and monitor deadlines throughout the application process.
Handle refusals and reviews by preparing evidence and legal arguments where necessary.
Register Your Trademark in China with Confidence
Registering a trademark in China doesn't have to be complicated. By following these five key steps—choosing a distinctive name, selecting the right classes, filing your word mark and logo separately, conducting a comprehensive trademark search, and working with a qualified trademark agent—you can significantly reduce the risk of refusal and better protect your brand.
Hong Kong vs. China: Key Differences in Trademark Registration
Item | Hong Kong | China |
|---|---|---|
Registration Principle | First-to-use | First-to-file |
Trademark Examination | Examined as a whole | Word mark and logo examined separately |
Class Selection | Select the main class | Select classes and subclasses |
Applicant Name | Chinese name not required | Official Chinese name required |
Application Filing | Any applicant may file directly | Overseas applicants must file through a qualified China trademark agent |
Examination Period | Approximately 6–12 months | Approximately 9–12 months |
If the process seems overwhelming, consider using a professional trademark agent or an online platform. Regitup combines trademark search, AI-powered analysis, and online filing into one platform, making China trademark registration faster, easier, and more affordable for SMEs expanding overseas.
Start with a free trademark search on Regitup today and take the first step towards protecting your brand.
This guide was prepared by experienced intellectual property professionals. If you require professional trademark registration or brand protection services, feel free to contact our team.