China registers trademarks on a first-to-file basis (Trademark Law art. 31): whoever files first for the relevant goods usually owns the mark in mainland China, whatever you hold in the US, the EU or Japan. File before your brand name reaches a factory's purchase order or packaging file. If someone has filed it already, you have three tools: an opposition while the mark is published, an invalidation once it is registered, and a cancellation after three years of non-use. Our filing fee is USD 790 for the first class, official fee included, and USD 390 per further class.
Start from where your brand stands in China
| Your situation | Fixed fee | What we do |
|---|---|---|
| You have not filed in mainland China yet | USD 790 first class, official fee included; USD 390 each further class | Search the Chinese register in the subclasses that cover your products, check whether your factory or anyone else has filed your name, advise on a Chinese-character mark, file within 2 business days of your go-ahead and report each official step. |
| Someone has filed or registered your brand | Quoted after a search | Check the filing date, the filer and the status, then set out which route fits (opposition, invalidation, non-use cancellation or a negotiated transfer) and the cost of each before you choose. |
| You hold a Chinese mark but your range has grown, or you need a Chinese name | USD 790 for a new filing, plus USD 390 each further class in it | Compare the new products with the subclasses you already hold, file the gaps, and file a Chinese-character version if the market needs one. |
The fee is confirmed in writing before we start. You deal with us by email from the first question to the registration certificate, and every recommendation comes to you in writing so you can forward it to your team.
First to file means your factory can be first
Buyers usually ask how to register. The better question is who else has seen your brand. A factory sees it on the purchase order, the artwork for the packaging and the sample labels months before your goods go on sale. A distributor or sourcing agent sees it earlier still. Anyone in that chain can file the name in China, and the Trademark Law registers the earlier application when two people file similar marks for similar goods (art. 31).
The law does protect you against some of these filings. An agent or representative who files your mark in its own name without permission can be stopped, and so can a filer who had a contract or business relationship with you and knew of your mark (art. 15).
A mark already used in China with some influence is protected against squatting by improper means (art. 32). The weak point for an overseas seller is that its use is usually outside China, so the second route is often closed. The surest protection remains a filing made before the brand leaves your hands.
We also check the filing history of your supplier's own company in the same search. A factory that has filed marks resembling its customers' brands is telling you something about how it treats designs and names, and we say so in writing.
Which classes and subclasses should I file in?
File in the class of your product and in the subclasses where a copy would be sold, not only the subclass your current product sits in. China uses the international Nice classes, but its examiners divide each class into narrower groups of similar goods, set out in the official Classification of Similar Goods and Services. Marks in different groups are generally treated as not conflicting, so a filing that looks complete on a class list can leave a gap one group away.
We build the list from your actual range and the products you expect to add in the next two years, then check each group for identical and similar marks. Where a squatter would most likely move next, we say so and price the extra class before you decide. We do not recommend filing across classes you have no plan to use: under the current law an application not intended for use can be refused (art. 4), and three years of non-use exposes a registration to cancellation (art. 49).
A Chinese-character mark is a separate decision. If your goods will be sold or advertised in mainland China, buyers and platforms will give the brand a Chinese name, and someone else may file it. If you only manufacture in China and sell abroad, the Latin mark comes first and a Chinese mark can wait. Our guide to registering a trademark in China covers how to choose the Chinese name.
How long does China trademark registration take?
Roughly a year if nothing goes wrong. The trademark office has nine months by law to examine an application (art. 28). If it passes, the mark is published for opposition for three months (art. 33), and if nobody opposes, the registration certificate follows. Your filing date is what protects you against later applicants, so the first action is to file, not to wait for the certificate.
If the office refuses all or part of the application, you have 15 days from receiving the notice to ask for a review (art. 34). That deadline is short for a company abroad, which is one reason we report every official notice to you on the day we receive it, with our recommendation and the cost of a response.
Someone filed my brand first. What now?
It depends on where the other filing stands, and the clock matters more than the merits at the start.
While the mark is published and not yet registered, you can file an opposition within three months of publication (art. 33). The office decides within twelve months of the end of publication, extendable by six (art. 35).
Once registered, a mark taken by your agent or business partner, or one that conflicts with your earlier rights, can be challenged by invalidation within five years of registration (art. 45). A registration obtained by deception or other improper means, or a bad-faith filing not intended for use, can be challenged at any time (arts. 4 and 44). A registered mark that has not been used for three consecutive years without good reason can be cancelled on anyone's application (art. 49).
The evidence that wins these cases is usually already in your inbox: emails and purchase orders showing that the filer received your brand before its filing date, packaging artwork you sent, sample labels, and your own registrations abroad with their dates. Keep them in their original form; our article Someone Registered My Trademark in China sets out each route in more detail. We would not open with an offer to buy the mark back. It tells the filer the name is worth money, and a negotiated transfer is easier once an opposition or invalidation is on file.
Where a squatted registration is being used against your goods at the border, our customs IP recordal page explains how detentions work; the two problems are often handled together.
The revised Trademark Law takes effect on 1 January 2027
The Standing Committee of the National People's Congress adopted a revised Trademark Law on 26 June 2026, effective 1 January 2027 (art. 87). Article numbers change throughout. Two changes matter to buyers. The opposition period after publication shortens from three months to two (revised art. 36), so a squatted filing has to be caught faster. Bad-faith filings, such as filing a business partner's mark knowing it belongs to them, can now draw a warning and a fine of up to RMB 100,000 from the enforcement authority (revised art. 54).
Neither change replaces an early filing. A shorter opposition window helps applicants who file properly and hurts owners who wait. If your brand is already with a factory and not yet filed in China, file now rather than relying on the new penalties.
What the fixed fee covers, and what it does not
- Clearance search and squatting check in your classes and subclasses, reported within 3 business days
- Advice on Latin and Chinese-character marks and on the subclass list
- Filing within 2 business days of your confirmation, official fee included
- Reports on examination and publication, with each official notice sent to you in English
USD 790 for the first class and USD 390 for each further class in the same filing. A response to a refusal, an opposition, an invalidation or cancellation, and a negotiated transfer are quoted separately once we have seen the record. Trademarks outside mainland China, and platform complaints in your own markets, stay with lawyers licensed there; we work alongside them where the Chinese filing affects their case.
Questions buyers ask about China trademarks
- Does my US, EU or UK trademark protect me in China? No. Mainland China only recognizes rights in marks registered there, apart from narrow exceptions for well-known marks and marks taken by agents or business partners. A foreign registration is useful evidence of your earlier use, but it does not stop a Chinese filing.
- Do I need a Chinese-character version of my brand? If your goods will be sold, advertised or discussed in mainland China, usually yes, because buyers and platforms will give the brand a Chinese name whether or not you choose one. For goods only made in China and sold abroad, the Latin mark comes first and a Chinese mark is optional.
- Can I file the trademark myself? A foreign company has to file through a trademark agency registered in China (Trademark Law art. 18). We prepare the search, the class and subclass plan and the filing, and report every official notice to you in English.
- What does the USD 790 include? The clearance and squatting search, advice on Latin and Chinese marks and subclasses, the filing in one class with the official fee, and reports on examination and publication. Each further class in the same filing is USD 390. Responses to refusals, oppositions and invalidations are quoted separately.
Law referred to on this page
- Trademark Law of the PRC (2019 amendment, in force until 31 December 2026), arts. 4, 15, 18, 28, 31–35, 44, 45, 49: cnipa.gov.cn
- Trademark Law of the PRC (revised 26 June 2026, effective 1 January 2027), arts. 36, 54, 87: cnipa.gov.cn
Translations and summaries are ours and unofficial. This page is general information on mainland China law as of 10 November 2026, not legal advice.
Related insights (3)
- Someone Registered My Trademark in China: What Can I Do?
- How to Register Your Trademark in China: Chinese Brand Name, Subclasses and Timing
- Counterfeits of Your Brand on Chinese E-commerce Platforms: Takedown, Raid or Lawsuit?
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