What does "first-to-file" mean for trademarks in China?

In China's first-to-file system, trademark rights generally belong to the **first person or entity to file** a trademark application with CNIPA, regardless of who used the mark first. This differs from first-to-use systems (like the US) where prior commercial use establishes priority.

Can I get back a trademark that was squatted in China?

Yes, through several mechanisms: **opposition** (during the 3-month publication period), **non-use cancellation** (after 3 years of non-use), **invalidation** (based on bad faith under Articles 4, 15, or 32), or **negotiation/purchase** from the squatter. The cost and timeline vary significantly by method.

When should I file a trademark in China?

File as **early as possible** — ideally before you have any public brand presence. If you manufacture in China, sell to Chinese consumers, use Chinese suppliers, or have international brand visibility, you should file immediately. The cost of filing (~$500-1,500/class) is trivial compared to recovery from squatting ($5,000-500,000+).

Do I need a Chinese name for my trademark?

While not legally required, it is **strategically essential**. Chinese consumers create informal Chinese names for foreign brands. If you don't register a Chinese character version, squatters will. File transliteration, translation, and hybrid versions.

What changed with the 2019 Trademark Law amendment?

**Article 4** was amended to allow refusal of applications filed in **bad faith without genuine intent to use**. This is a powerful tool against professional squatters who file hundreds of marks speculatively. Before 2019, there was no direct provision to refuse applications solely based on lack of use intent.

How does China's system compare to other first-to-file countries?

Many countries use first-to-file systems (most of Europe, Japan, Korea, etc.), but China's system is notable for its **massive scale** (9+ million annual applications), **sub-class granularity**, and the **high prevalence of squatting** due to the country's role in global manufacturing and e-commerce. ---

First-to-File vs First-to-Use: Why China Trademark Strategy Is Different

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