(Source: https://pltfrm.com.cn)
Introduction
China operates on a strict “first-to-file” trademark system—meaning the first entity to register a mark owns it, regardless of who used it first globally. In 2025, trademark squatting remains one of the biggest threats to overseas brands, with professional squatters monitoring new market entrants daily. Losing your own brand name in China can cost millions in rebranding and legal battles. Here are the proven steps to protect your IP from day one.
1. Understanding China’s First-to-File System
1.1 No Common Law Rights Prior Use Doesn’t Count: Even if your brand is famous worldwide for decades, an unrelated Chinese company can legally register and own your trademark in China. Non-Use Cancellation Window: Trademarks unused for three consecutive years can be cancelled, but squatters often file first and force buybacks.
2. Mandatory Multi-Class Registration Strategy
2.1 Register in 45 Classes Core + Related Classes: Always file in your core category plus related classes (e.g., cosmetics brands register Class 3, 35 retail services, 21 packaging, 35 advertising). Defensive Registration: Register your Chinese brand name, pinyin, logo variations, and even potential transliterations.
3. OEM/ODM Factory Trademark Risks
3.1 Factory Squatting Prevention Separate Contracts: Never allow your Chinese manufacturer to file trademarks on your behalf—many factories register the brand themselves after the first production run. NNN Agreement: Sign a China-specific Non-Use, Non-Disclosure, Non-Circumvention agreement with liquidated damages clauses.
4. Monitoring and Enforcement Tools
4.1 Real-Time Trademark Watch Services CNIPA Daily Monitoring: Professional watch services alert you within 24–48 hours of any similar filing in any of the 45 classes. Opposition Window: Only 3 months to oppose a squatted mark after preliminary publication.
Case Study: How an Italian Luxury Leather Brand Regained Its Name in 72 Days
An Italian heritage leather goods brand discovered a Fujian-based company had registered its exact English and Chinese name across 12 classes just weeks before its Tmall Global launch. We filed oppositions in all classes based on prior international registrations, initiated non-use cancellation against the squatter’s weak evidence, and simultaneously registered 28 defensive variations. The squatter withdrew all applications within 72 days after receiving our cease-and-desist backed by bad-faith evidence, saving the brand over 4 million RMB in potential buyback fees.
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!
