(Source: https://pltfrm.com.cn)
Introduction
In China’s massive e-commerce ecosystem—where platforms like Tmall, JD, and Taobao dominate consumer spending—securing a registered trademark is often the critical first step for overseas brands to protect their identity, prevent squatting, and unlock full market access. Without local registration, brands face risks like counterfeit proliferation, platform restrictions, and lost revenue in this first-to-file jurisdiction. This article explores key strategies for effective trademark registration in China, providing actionable guidance to help overseas brands safeguard their presence and thrive in cross-border e-commerce.
- Understanding the First-to-File System
1.1 Core Principle China operates on a strict first-to-file basis, granting rights to the earliest registrant regardless of prior overseas use. This means overseas brands must act proactively before bad-faith squatters claim popular names or logos. Delaying can result in costly disputes or forced rebranding.
1.2 Risks for Overseas Brands Many foreign marks get preemptively registered by opportunists, blocking legitimate entry. Platforms may restrict sales or favor local registrants in disputes. Early filing mitigates these threats and establishes clear ownership for enforcement.
1.3 Strategic Timing Conduct searches immediately upon market interest, as squatting accelerates with rising brand visibility. Filing within months of global launch often secures priority and avoids escalation. - Choosing Registration Routes
2.1 National Application via Agent Foreign applicants without a Chinese domicile must appoint a licensed local trademark agency to file directly with CNIPA. This route offers precise control over classes and specifications. Professional agents handle translations, filings, and responses efficiently.
2.2 Madrid Protocol Extension If already registered in a Madrid member country, extend protection to China via WIPO. This cost-effective option suits multi-market brands but requires monitoring for oppositions. Both paths lead to the same CNIPA examination.
2.3 Class Selection Select relevant Nice Classes (e.g., Class 35 for retail/e-commerce services) to cover sales channels. Broader coverage prevents gaps, especially for multi-product brands. - Comprehensive Search and Preparation
3.1 Thorough Availability Check Perform detailed searches across CNIPA databases for identical/similar marks in target classes. Professional tools identify risks like phonetic similarities or Chinese translations. This step avoids refusals and saves time/money.
3.2 Local Adaptation Develop and register Chinese character versions or Pinyin transliterations for better consumer recognition. Culturally resonant names enhance appeal and strengthen protection against copycats. Include English originals where applicable.
3.3 Documentation Readiness Prepare power of attorney, priority claims (if within 6 months), and clear specimens. Accurate translations prevent delays during examination. - Application and Examination Process
4.1 Filing Details Submit via agent with application form, logo specimens, and fees (around CNY 270-300 per class officially). CNIPA assigns a filing date immediately.
4.2 Examination Phases Formal review checks completeness; substantive exam assesses distinctiveness and conflicts (typically 9-12 months total). Preliminary approval leads to publication for 3-month opposition period.
4.3 Responding to Issues Address refusals or oppositions promptly with evidence. Strong responses often secure registration. - Post-Registration Maintenance
5.1 Use Requirements Demonstrate genuine commercial use (e.g., on platforms, invoices) to defend against non-use cancellations after 3 years. E-commerce listings count as valid use when active.
5.2 Renewal Strategy Renew every 10 years proactively to maintain protection. Monitor for infringements and enforce via platforms or authorities.
Case Study: European Luxury Accessories Brand’s Protection Win
A European luxury accessories brand entered China via cross-border platforms but faced squatting attempts on their name. After partnering with experts for priority national filing across key classes (including Class 35 for e-commerce), they secured registration within 10 months. This enabled smooth platform approvals, blocked counterfeit listings, and drove a 180% sales increase in two years.
Conclusion
China trademark registration forms the foundation for secure, scalable e-commerce success, shielding overseas brands from squatting while enabling robust enforcement on major platforms. Proactive steps like early filing and local adaptations deliver lasting competitive advantages. Ready to protect your brand? Contact us for a free trademark search and strategy session.
PLTFRM is an international brand consulting agency that works with companies such as Red, TikTok, Tmall, Baidu, and other well-known Chinese internet e-commerce platforms. We have been working with Chile Cherries for many years, reaching Chinese consumers in depth through different platforms and realizing that Chile Cherries’ exports in China account for 97% of the total exports in Asia. Contact us, and we will help you find the best China e-commerce platform for you. Search PLTFRM for a free consultation!
