IP Protection in China: Trademark, Patent & Trade Secret Guide for Foreign Brands
Proactive IP protection in China is essential because the country’s intellectual property system operates on a strict first-to-file rule. Foreign brands must secure trademark and patent rights with CNIPA before entering the market or contacting factories—waiting until infringement appears often leaves you with costly, limited remedies.
This page is part of our Legal Services for Foreigners in China.
Trademark Registration in China
Trademark registration in China is the foundation of brand protection. Foreign applicants must file in the correct product classes and watch for bad-faith squatting, where third parties register your brand name before you do.
- Clearance search. Check the CNIPA database for identical or similar marks in your classes, including Chinese-language versions.
- Classification. China uses the Nice classes but examines against its own subclasses, so goods and services descriptions should follow Chinese practice.
- Filing. File a national application with CNIPA, or designate China through the Madrid system.
- Examination and publication. CNIPA examines the application, and approved marks are published for opposition.
- Registration and renewal. A registered mark is valid for ten years and can be renewed for further ten-year periods.
Consider registering a Chinese-language version of your brand as well; if you do not choose one, the market or a squatter may choose it for you. Remedies against squatting include opposition during publication, invalidation after registration, and cancellation of marks left unused for three consecutive years without good reason. Evidence of your prior use and reputation matters.
China’s revised Trademark Law was adopted on 26 June 2026 and takes effect on 1 January 2027. Among other changes, it refuses applications not intended for use that clearly exceed normal business needs, allows warnings and fines of up to RMB 100,000 for bad-faith filings, lets the trademark authority revoke registered marks left unused for three years on its own initiative, and allows dynamic marks. Marks registered before then remain valid. Implementing rules may add detail, so check the position at the time you file.
Patents, Copyright and Trade Secrets
Patent protection covers invention patents, utility models and design patents. PCT filings can enter China via national phase. Copyright automatically exists once creative work is completed, but formal copyright registration makes enforcement easier. Trade secret protection protects formulas, client lists and manufacturing know-how that you choose not to patent.
Invention Patents
Substantive examination and protection for 20 years from the filing date. Suited to technical inventions with a long commercial life.
Utility Models
Cover a product’s shape or structure, with no substantive examination, so they are often granted faster. Protection lasts 10 years.
Design Patents
Protect a product’s appearance, for 15 years from the filing date under the current Patent Law.
PCT National Phase
International applications generally need to enter the China national phase within 30 months of the priority date.
Copyright Registration
Voluntary registration, including software copyright registration, helps prove ownership in disputes and transactions.
Trade Secrets
Protection depends on reasonable confidentiality measures: NDAs, access controls, document marking and employee confidentiality clauses.
For trade secrets, courts look at whether reasonable measures were in place before the leak. Combine confidentiality agreements with employees and suppliers, access controls and exit procedures, and consider a properly compensated non-compete for key staff with access to core know-how. When licensing IP, record trademark licences with CNIPA, and check whether a cross-border technology licence needs registration under China’s technology import and export rules.
Filing Requirements for Foreign Applicants
Overseas companies and individuals without a registered office or domicile in mainland China must follow specific procedural rules when filing intellectual property applications with CNIPA or recording rights with Chinese Customs:
Local Agent Requirement
Foreign applicants without a habitual residence or business establishment in China must appoint a qualified Chinese agency for trademark and patent matters.
Documents
Filings usually need a power of attorney, and some proceedings require identity or corporate documents that are notarised and apostilled or legalised. China joined the Apostille Convention in November 2023.
Priority Deadlines
Paris Convention priority can be claimed within six months of a first foreign filing for trademarks and designs, and within twelve months for inventions and utility models.
Consistent Details
Use the same applicant name and address across filings, and record any name change or assignment with CNIPA, so your rights remain easy to enforce.
Trademark examination and patent prosecution can take many months, and longer where there are objections or oppositions, so build filings into your market-entry plan rather than waiting for a launch date.
Enforcement Against Counterfeiting
When infringement occurs, the right route depends on the scale of the problem, the evidence available and where the goods are sold:
Platform Complaints
Major e-commerce platforms run notice-and-takedown systems for rights holders. They are often the quickest first step against online sellers.
Administrative Enforcement
Local market regulation authorities can inspect premises, seize infringing goods and impose fines on trademark infringers.
Civil Litigation
Specialised IP courts and tribunals hear infringement claims. Under the current Trademark Law, punitive damages of up to five times the base amount are available for intentional, serious infringement.
Customs Recordation
Recording trademarks, patents or copyright with the General Administration of Customs allows customs to detain suspected infringing goods at import or export. A recordation is valid for ten years and can be renewed.
Before acting, collect evidence such as notarised test purchases, time-stamped screenshots and product samples. Chinese courts and authorities rely heavily on notarised evidence, and good evidence often decides which route is realistic.
It also helps to register your trademark before your company name and brand become public; see Company Registration in China.
How We Can Help
We provide fully remote IP legal consulting, trademark filing strategy and IP contract review. We advise on trademark registration in China, patent strategy and trade secret safeguards for overseas companies. Our services are delivered online.
Frequently Asked Questions
What does China’s “first-to-file” principle mean for foreign brand owners?
IP rights such as trademarks are generally granted to the first applicant to file. Prior brand use overseas offers limited protection if another party files first in China.
Can foreign applicants file Chinese trademark applications directly without a local agent?
Non-resident foreign applicants must appoint a Chinese-qualified IP agency to handle trademark and patent filings in mainland China.
What is trademark squatting in China?
Bad-faith trademark squatting occurs when third parties register well-known foreign brand names with no genuine intention to use the mark, aiming to resell it later.
How long does a Chinese trademark registration last?
Ten years from the registration date, renewable for further ten-year periods.
What changes under China’s revised Trademark Law?
The revised law takes effect on 1 January 2027. It targets bad-faith and hoarding applications more strictly, allows the authority to revoke long-unused marks on its own initiative, and permits dynamic marks.
Can IP-related legal work be completed remotely for overseas clients?
Yes. Strategy consultation, filing planning and IP-contract review can all be delivered online without in-person appearances.
Talk to Us About Protecting Your IP
Planning to enter the Chinese market, or dealing with a squatter or counterfeiter? Speak with our legal team to secure your rights.
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