Foreign businesses and individuals cannot file trademark applications directly with the China National Intellectual Property Administration (CNIPA). Under Article 18 of the Trademark Law of the PRC, any owner without a domicile or business establishment in China must use a licensed Chinese trademark agent.
This guide explains the requirements, filing routes, costs, and strategic considerations for foreign owners seeking trademark protection in China.
Pro tip: Before engaging an agent, run a free trademark check to get an initial assessment of your trademark's registrability in China.
The Mandatory Agent Requirement (Article 18)
Article 18 of the Trademark Law states:
"Where a foreigner or foreign enterprise intends to apply for trademark registration or handle other trademark matters in China, they shall entrust a legally established trademark agency to act as their agent."
This requirement applies to:
- Filing new applications: direct CNIPA filings. An international application through WIPO's Madrid System (the Madrid Protocol) that covers China is filed through your home office, and you appoint a Chinese agent only if CNIPA issues a refusal
- Prosecution matters: responding to examination refusals, opposition proceedings
- Maintenance: renewals, assignments, recording a license
- Enforcement: CNIPA review and invalidation proceedings, customs recordation, court actions
Choosing a Chinese Trademark Agent
When selecting a Chinese agent, consider:
- CNIPA registration: the agent must be registered with CNIPA
- Experience: look for agents with specific experience in your industry
- Communication: English language capability and responsiveness
- Track record: experience before CNIPA's examination and review divisions
- Transparency: clear fees, set out in writing
GTC's in-house attorneys file in China through our China trademark filing services.
What does it cost?
CNIPA's government fee is about ¥270 per class for an online application covering up to 10 items of goods or services, with a small extra fee for each additional item. Our professional fee is separate. When you cover China through WIPO's Madrid System, WIPO prices it instead, as a per-country fee inside the international application. For the Total of a GTC China filing, see our pricing page.
Filing Routes: Direct CNIPA vs WIPO's Madrid System
Foreign owners have two primary routes to register a trademark in China:
Route 1: Direct CNIPA Filing
Advantages:
- Faster processing: a smooth direct filing typically registers in well under a year, while an international application waits on CNIPA's longer refusal window
- Broader sub-class coverage: direct applications allow precise sub-class selection
- Independent registration: not dependent on a home trademark
- Stronger enforcement: domestic registrations are sometimes preferred in Chinese courts
Requirements:
- Appointment of a licensed Chinese trademark agent
- Power of attorney (a simply signed copy is normally sufficient)
- Trademark specimen in required format
- Goods/services description per CNIPA's sub-class system
Route 2: International Application Through WIPO's Madrid System
China has been part of WIPO's Madrid System since 1989 under the Madrid Agreement, and under the Protocol since 1995, making it one of the countries most often chosen in international applications.
Advantages:
- Multi-country filing: cover China alongside other member countries of WIPO's Madrid System in a single application
- Centralized management: renewals and recorded changes through WIPO
- One set of fees: for multi-country strategies, the fees for all countries are paid to WIPO in one application
Limitations:
- Central attack dependency: if the home trademark fails within 5 years, the protection in China falls too
- Sub-class limitations: international applications may not provide the same sub-class precision as direct filings
- Longer timeline: CNIPA has up to 18 months to notify a refusal when China is covered through WIPO
- Transformation costs: if conversion to a national application is needed, additional fees apply
Which route should you choose?
| Factor | Direct CNIPA | WIPO's Madrid System |
|---|---|---|
| Speed | Often under a year if smooth | Up to 18 months for CNIPA's refusal window |
| Sub-class precision | Full control | Limited |
| Multi-country efficiency | Single country only | High |
| Central attack risk | None | 5-year dependency |
| Ongoing management | Through Chinese agent | Through WIPO |
| Best for | China-priority strategy | Global portfolio approach |
For businesses where China is a primary market, direct CNIPA filing is usually recommended. For businesses building a global portfolio, WIPO's Madrid System may be more efficient.
Learn more about the full registration process in our China trademark registration guide, or see the China country guide for a one-page summary of the rules.
Priority Claims
Under the Paris Convention, you can claim priority from an earlier trademark application filed in another Paris Convention member country within 6 months of the original filing date.
Requirements for Priority Claims in China:
- File the Chinese application within 6 months of the original application
- Submit a certified copy of the priority document (it can follow within three months of filing)
- The goods/services must be identical to or within the scope of the original application
- Pay no additional government fee for the priority claim itself
Priority claims are particularly valuable when you've already filed in your home country and want to extend protection to China with the same effective filing date, which matters in a first-to-file country.
Language and Translation Requirements
Application Language
All CNIPA applications must be filed in Chinese (Simplified). For foreign owners, this means:
- All documents must be translated into Chinese
- The owner's name must be transliterated into Chinese characters
- Goods/services descriptions must use CNIPA's official Chinese terminology
Trademark Translation Considerations
If your trademark includes text, CNIPA will assess similarity based on:
- Visual similarity: the appearance of the trademark
- Phonetic similarity: how the trademark sounds in Chinese (Mandarin)
- Conceptual similarity: the meaning of the trademark in Chinese
This is why filing a Chinese-character version of your trademark is strongly recommended. It prevents third parties from registering a Chinese translation or transliteration.
Required Documents for Foreign Owners
| Document | Format | Notes |
|---|---|---|
| Power of Attorney | Signed copy | Must authorize the Chinese agent |
| Owner ID | Business license or certificate of incorporation | Translated into Chinese |
| Trademark Specimen | JPG/PNG, clear resolution | Specific size requirements apply |
| Priority Document | Certified by origin office | If claiming priority (within 6 months) |
| Goods/Services List | Per CNIPA sub-class system | Chinese agent will advise on classification; Class Assist helps you find the Nice classes first |
Legalization Requirements
For a standard application, a signed power of attorney is sufficient; no notarization is needed. Where a proceeding does require authenticated documents (some review, invalidation, and court matters), the process is simpler than it used to be: since China joined the Apostille Convention in November 2023, an apostille from your home country replaces the old consular legalization chain.
Common Mistakes Foreign Owners Make
- Not filing a Chinese-character trademark: leaving the door open for squatters
- Using the wrong sub-classes: the CNIPA sub-class system differs from the systems of other countries
- Relying solely on WIPO's Madrid System: when direct filing would provide better protection
- Waiting too long: in a first-to-file system, the earlier application wins
- Choosing the cheapest agent: quality representation matters in a complex system
- Ignoring the search: a thorough CNIPA database search is essential before filing
The GTC Advantage for International Filings
GTC provides international trademark services, including China-specific expertise:
- In-house filing: our in-house attorneys file in China
- Strategic advice: analysis of direct CNIPA filing vs WIPO's Madrid System for your specific situation
- Chinese-character development: expert guidance on transliteration and translation options
- End-to-end prosecution: from search through registration and beyond
- Portfolio management: coordinated filing in other countries and regions
Ready to file in China?
Start with a free trademark check to evaluate your trademark's availability, then let our experienced attorneys guide you through the filing process with our China trademark services.
This guide reflects current CNIPA requirements as of 2026. Trademark law and procedures are subject to change; consult a qualified trademark professional for advice specific to your situation.
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Frequently Asked Questions
Can I file a trademark in China without a Chinese agent?
No. Under Article 18 of the Trademark Law, foreign owners without a domicile or place of business in China must appoint a licensed Chinese trademark agent. This applies to direct CNIPA filings. An international application through WIPO's Madrid System that covers China is filed through your home office, and you appoint a Chinese agent only if CNIPA issues a refusal.
How much does it cost to file a trademark in China?
The CNIPA government fee is about ¥270 per class for an online application covering up to 10 items. Our professional fee is separate; see our pricing page for the Total.
Is it better to file directly with CNIPA or through WIPO's Madrid System?
For businesses where China is a primary market, direct CNIPA filing is usually recommended because it offers faster processing, better sub-class coverage, and no central attack risk. WIPO's Madrid System is more efficient for multi-country strategies where China is one of several target countries.
How do I claim priority from a United States or other foreign trademark application?
File your Chinese application within 6 months of your original application and submit a certified copy of the priority document. The goods and services in the Chinese application must fall within the scope of the original filing.
Do I need to translate my trademark into Chinese?
While not legally required, it is strongly recommended to develop and register a Chinese-character version of your trademark. Chinese consumers will create informal Chinese names for foreign brands, and if you don't register an official version, trademark squatters may do so first.
What documents do I need as a foreign owner?
You'll need a power of attorney authorizing your Chinese agent, a copy of your business license or certificate of incorporation (translated into Chinese), a clear trademark specimen, and priority documents if claiming convention priority.
How long does the process take for foreign owners?
A smooth direct CNIPA filing typically registers in well under a year, including the three-month opposition period. International applications through WIPO can take longer because CNIPA has up to 18 months to notify a refusal. If a refusal is issued, review proceedings before CNIPA add further time.
