China follows a first-to-file system, so a brand used overseas but never registered in China can be blocked by a local applicant. Official fees are around RMB 270 per class for an online filing; examination takes about 4–6 months and registration 9–12 months if unopposed. File the classes you sell in, plus class 35 for retail and e-commerce.
Why first-to-file changes the calculation
In many jurisdictions prior use protects you. In China it does not, or at least not cheaply: you would need to oppose the application or cancel the registration, both of which take a year or more and cost many times the filing fee.
We regularly see overseas brands discover, after launching on a marketplace, that a local distributor or an unrelated third party has already registered their name in the relevant class. The remedy exists but the timing is brutal — the platform will delist you while the dispute runs.
Choosing classes
China uses the Nice classification with its own subclass system, and the subclass matters: two marks in the same class but different subclasses may not conflict. Practical guidance:
- File the class matching your actual product or service, not a generic “everything” approach.
- Always add class 35 if you sell through marketplaces or run a retail storefront — it covers advertising and sales services and is the most squatted class in China.
- Add class 9 for software and apps, class 42 for SaaS, class 25 for apparel, class 3 for cosmetics.
- File the Chinese transliteration of your brand as a separate mark if the name has a natural Chinese form.
If someone filed first
There are three routes: opposition during the three-month publication period, invalidation after registration on grounds of bad faith, or negotiation to assign. Opposition is by far the cheapest and fastest, which is why monitoring the publication gazette for your mark matters more than most brand owners expect.
Typical costs and timing, one class
| Item | Amount / duration | Note |
|---|---|---|
| Official filing fee | RMB 270 | Online filing, one class, ten goods/services |
| Examination | 4–6 months | Absolute and relative grounds |
| Publication period | 3 months | Open to opposition |
| Registration certificate | 9–12 months total | Valid 10 years, renewable |
Frequently asked
Should I use the Madrid system or file directly in China?
Madrid is convenient if you are filing in several countries at once, but it depends on your home application and can be slower and harder to manage when a Chinese examiner raises an objection. For a China-first strategy, direct filing is usually faster and gives cleaner control over the class and subclass wording.
How long does a Chinese trademark last?
Ten years from registration, renewable indefinitely for ten-year periods. Renewal can be filed in the twelve months before expiry, with a six-month grace period after. There is also a non-use cancellation risk: a mark unused for three consecutive years can be cancelled on application by a third party.
What if a distributor registered my brand?
This is common and it is a bad-faith filing. The routes are an opposition if the application is still in the publication period, an invalidation after registration, or a negotiated assignment. Evidence of your prior use, contracts and correspondence with the distributor are decisive, so keep that file organised.
Not sure which route applies to you?
Tell us what you are trying to do. The first call is a feasibility check, not a sales pitch.