Trademark & Intellectual Property Services in China

➦ Required Documents for China Trademark Application

➦ Madrid System International Trademark Registration

The Madrid System, administered by WIPO, allows trademark owners to seek protection in multiple countries through a single international application, based on a home registration or application. For applicants seeking protection in China via the Madrid System, a basic mark (Chinese national registration or application) is required. The international application must be filed through CNIPA as the office of origin.

• Basic mark requirement — Existing national application or registration.
• Single filing language — English or French.
• Central attack risk — If the basic mark fails within five years, the international registration may be cancelled. Conversion to national applications is possible.
• Designated country examination — 12 to 18 months per country.
• Renewal — Every 10 years through WIPO.

➦ Types of Trademarks Registrable in China

• Word marks, figurative marks, combined marks, 3D marks, colour marks, sound marks, position marks, pattern marks, motion marks, hologram marks, and dynamic marks (proposed in 2025 revision draft).

➦ Trademark Classification (Nice Classification)

China follows the Nice Classification, dividing goods and services into 45 classes. As of 1 January 2026, the 13th Edition (NCL 13-2026) is in effect.

• Classes 1-34 — Goods (e.g., Class 9: electronics; Class 25: clothing; Class 30: food).
• Classes 35-45 — Services (e.g., Class 35: advertising; Class 41: education; Class 43: catering).

➦ 2025 Trademark Law Revision — Key Proposed Amendments

On 22 December 2025, the State Council submitted the Trademark Law Revision Draft to the NPC Standing Committee for first reading. The draft is under review; final effective date not yet announced. Key proposed changes:

• Dynamic marks registrable — Aligning with digital economy trends.
• Five-year use declaration — Registered marks may require proof of use after 5 years.
• Enhanced bad faith penalties — Fines up to RMB 500,000 for entities.
• Opposition period shortened — From 3 months to 2 months.
• Expanded well-known mark protection — Cross-class protection for all well-known marks.

➦ Post-Registration Obligations

• Renewal — Every 10 years (grace period: 6 months after expiry).
• Change of name/address — Must be recorded with CNIPA.
• Assignment — Joint application to CNIPA required.
• Licensing — Recommended to record with CNIPA.
• Use requirement — Non-use for 3 years may lead to revocation.
• Revocation actions — Third parties may file for non-use.

➦ Copyright Registration in China

• Registrable works — Literary, artistic, musical, photographic, software, etc.
• Benefits — Prima facie evidence, stronger for litigation, customs recordal.
• Software copyright — Special procedures; often required for tax incentives.
• Authority — Copyright Protection Center of China (CPCC).

➦ Patent Advisory Services

• Prior art search — Assess patentability before filing.
• Application drafting — Specifications, claims, drawings.
• Prosecution — Office action responses.
• Maintenance — Annual fee management.
• PCT applications — International patent filing.
• Design patent via Hague — China acceded to Hague Agreement (5 May 2022).
• Utility model & design — Utility models (formal exam only) — fast grant; designs — 15-year protection.