How to File a Trademark in China (CNIPA)

Quick Reference — This article is a short, high-density reference. For deeper coverage see the linked articles below.

China operates a first-to-file trademark system — whoever files first owns the mark, regardless of who used it first. This makes Chinese trademark registration urgent for any inventor who manufactures in, sells to, or has any visibility in China.

Why File Early

Trademark squatting is endemic in China. Manufacturers, distributors, and third parties who see your brand at a trade show, on a Kickstarter page, or in factory communications can register it before you. Recovering a squatted trademark through Chinese opposition or cancellation proceedings takes 2–4 years and costs $5,000–$20,000. Filing your own trademark costs $300–$500 per class.

How to File

Foreign applicants must file through a Chinese trademark agent registered with CNIPA. You cannot file directly.

1. Conduct a Chinese trademark search through CNIPA's online database (sbj.cnipa.gov.cn)
2. Instruct a Chinese trademark agent
3. The agent files the application at CNIPA with Chinese-language forms
4. Pay the fee: approximately RMB 270–300 per class (USD $40–$45) in government fees, plus agent fees ($200–$400)
5. Examination takes approximately 6–9 months; opposition period of 3 months follows

Subclass system: China uses a subclass system within Nice classes — protection is limited to the specific subclasses designated. Your agent should advise on which subclasses to cover.

File in Chinese characters. If your brand name can be transliterated or translated into Chinese, file both the English mark and the Chinese version — otherwise someone else will file the Chinese version.

Sources

1. CNIPA — China Trademark Office — Official Chinese trademark registration authority
2. WIPO — Madrid System for International Trademarks — International trademark system for designating China
3. China Trademark Database — CNIPA's online trademark search database