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For foreign brand owners

China trademark guide for foreign companies & brands

Planning to sell, manufacture or build a brand in China? Trademark rights are territorial, so a home registration does not protect you there. This guide covers the rules that surprise foreign applicants most.

First-to-file, not first-to-use. China is fundamentally a first-to-file jurisdiction. The party that files first generally wins the right — even over a senior user from abroad. Early filing matters more than anything else.

1. You must use a local agent

A foreign applicant cannot lodge a China trademark application directly. CNIPA requires a locally recorded agent to file and prosecute the matter. Your agent prepares the Chinese-language documents and reports back to you in English, so you do not need a China desk of your own.

2. Choose your classes carefully

China uses the Nice Classification of 45 classes. Each class is a separate application with its own official fee and (usually) its own agent fee. File the classes that cover both your current goods/services and the adjacent ones a copycat might target.

3. Direct filing vs the Madrid Protocol

RouteBest whenWatch out for
Direct CNIPA filingChina is your first or main market; you want speed and control.Separate process from other countries.
Madrid ProtocolYou already have a base mark at home and want one centralized filing.A later problem with the base mark can pull down the China designation ("central attack").

The right choice depends on your global plan. If China is the priority, direct filing is common; if you are protecting many countries at once, Madrid may be efficient.

4. Typical timeline

5. Documents you'll need

Frequently asked questions

Can a foreign company register a trademark in China directly?

Not directly. Foreign applicants must file through a locally recorded China trademark agent. The agent lodges and prosecutes the application with CNIPA on your behalf.

How long does China trademark registration take?

A straightforward uncontested registration typically takes about 9–12 months. Complex cases with office actions or oppositions take longer.

Should I use the Madrid Protocol or file directly in China?

If you already hold a home registration or pending application that qualifies as a base mark, Madrid lets you designate China through WIPO. Direct CNIPA filing is common when China is your first or primary market. The right route depends on your global filing plan.

Ready to file from abroad?

Send us your mark and classes on the main site. We handle the Chinese-language filing and report in English.

Start at MY CNTM