Trademarks Law in China

29 May 2025 --
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Here’s a comprehensive overview of trademark law in China:

🇨🇳 Trademark Law in China

🔹 Governing Law

The primary legal framework is the Trademark Law of the People’s Republic of China, most recently amended in 2023.

The law is administered by the China National Intellectual Property Administration (CNIPA).

China is a member of major international treaties, including:

Paris Convention

Madrid Protocol (for international trademark registration)

TRIPS Agreement (WTO)

Nice Agreement (classification of goods/services)

🔹 What Can Be Registered?

A trademark in China may include:

Words, letters, numerals

Logos and designs

Colors, 3D shapes, and combinations thereof

Sounds (since 2014)

Collective marks and certification marks

👉 Slogans, non-distinctive designs, and marks that violate public order or morality cannot be registered.

🔹 Registration Process

Trademark rights in China are based on the “first-to-file” principle, not first use. Early registration is essential.

➤ Registration Steps:

Application to CNIPA (direct or via Madrid Protocol)

Formal examination

Substantive examination (checking distinctiveness/conflicts)

Publication in the Trademark Gazette (3-month opposition period)

Issuance of registration certificate if unopposed or opposition fails

Applications can be filed directly in China or through the Madrid international system.

🔹 Rights Granted

A registered trademark owner has the exclusive right to:

Use the trademark for the registered goods/services

Prevent others from using similar marks that may cause confusion

License or assign the trademark

Take legal action against infringement

🔹 Duration and Renewal

Valid for 10 years from the registration date

Can be renewed indefinitely every 10 years

Must be renewed within 12 months before expiry, with a 6-month grace period

🔹 Use Requirement

If a trademark is not used for 3 consecutive years, it can be canceled by a third-party request for non-use.

🔹 Enforcement

China provides multiple avenues for enforcement:

🏛️ Administrative Enforcement (CNIPA)

Fast and cost-effective

Involves investigations and orders to cease infringement

⚖️ Judicial Enforcement (People’s Courts)

Civil litigation for injunctions, damages, and destruction of infringing goods

Specialized IP courts and tribunals exist

🚫 Customs Enforcement

Registered trademarks can be recorded with China Customs

Customs can seize counterfeit goods at borders

👮 Criminal Enforcement

For willful and large-scale infringement

Penalties include fines and imprisonment

🔹 International Treaties

Treaty	Status
Paris Convention	✅ Member
Madrid Protocol	✅ Member
TRIPS (WTO)	✅ Member
Nice Agreement	✅ Member

🔹 Common Pitfalls

Trademark squatting is common; third parties may register your brand first.

Register early and for both Chinese and foreign language versions.

Use the mark regularly to avoid cancellation for non-use.

Summary Table

Feature	Details
Governing law	Trademark Law (amended 2023)
Authority	CNIPA
Basis for rights	First-to-file
Duration	10 years, renewable
Registration required	Yes (no protection without it)
Use requirement	3 years’ non-use = subject to cancellation
Enforcement	Admin, judicial, customs, criminal
International treaties	Paris, Madrid, TRIPS, Nice