China has become a crucial market for businesses worldwide. However, applying for a trademark in China involves more complexities than many companies expect. The country’s unique legal system, first-to-file principle, and strict classification rules mean that foreign businesses often face unexpected challenges during the trademark application process.
Many trademarks are rejected, delayed, or even lost because of avoidable mistakes. In this article, we highlight the top 10 most common mistakes foreign applicants make when applying for trademarks in China—and provide practical tips to help you avoid them.
China strictly follows the “first-to-file” principle. Trademark rights go to the first applicant, not the first user—even if you have used the trademark elsewhere.
Tip: Apply for trademark registration in China as early as possible—even before entering the market.
Trademarks that are too generic, descriptive, or common—such as numbers, letters, or geographical names—are more likely to be rejected during the examination process.
Tip: Select a distinctive, creative trademark that clearly identifies your goods or services and is capable of legal protection.
China uses a detailed trademark classification system with strict sub-classes. Many applicants select incorrect classes or fail to cover all relevant ones, which leaves their trademarks unprotected in certain areas.
Tip: Work with an experienced professional to carefully identify and select the correct classes and sub-classes under the Nice Classification.
Many foreign companies only register their primary trademark but overlook related marks—such as Chinese translations, pinyin versions, logos, or abbreviations—allowing others to register them.
Tip: Register both the original and translated versions of your brand, along with any relevant logos or variations, to fully protect your intellectual property.
Skipping a comprehensive trademark search before filing can result in conflicts with existing marks or even legal disputes.
Tip: Conduct a thorough trademark search in China to identify potential conflicts before filing your application.
Mistakes such as inconsistent company names, outdated documents, or missing information are common and may lead to rejection or delays.
Tip: Carefully check that all required documents are accurate, consistent, and up to date before submission.
After preliminary approval, trademarks are published for opposition. Failing to monitor this period may result in unexpected disputes or loss of rights.
Tip: Keep track of the publication and opposition period closely, and take timely action if any opposition arises.
Some applicants assume that once their trademark is registered, no further action is required. Without active monitoring, however, they may miss cases of infringement or similar trademark applications.
Tip: Use trademark watch services to detect potential infringements or unauthorized registrations early.
Chinese trademarks are valid for 10 years but require timely renewal to remain in force. Missing the renewal window can result in irreversible loss of trademark rights.
Tip: Set up alerts for renewal deadlines and initiate the renewal process at least six months before expiry.
Many companies mistakenly believe that filing through the Madrid System ensures protection in China. However, China has its own independent review process, and your application can still be rejected.
Tip: Closely monitor the progress of your Madrid Protocol application in China and be prepared to respond to office actions or requests from the China National Intellectual Property Administration (CNIPA).
Successfully registering a trademark in China requires more than just submitting an application form. Understanding the specific legal environment and avoiding these common mistakes can greatly improve your chances of approval—and safeguard your brand in this highly competitive market.
If you need assistance with trademark registration in China or other countries, feel free to reach out to our team for expert support. We are here to guide you through every step of the process.
For more information, please contact Tannet by visiting https://tannet-group.net/ or calling us at +86-755-82143512.
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