China Trademark Registration | Search, Classes, Examination and Refusals

China Trademark Registration: From Search to Certificate

China is a first-to-file jurisdiction: the registration, not prior use, creates the right. A trademark application is filed with the China National Intellectual Property Administration and examined for distinctiveness and similarity with earlier marks. We run the search, advise on classes, file the application, and handle refusals and oppositions when they arise.

Updated 2026-10·Finerise Consultants·+86 757 8312 2090

Search and similarity risk

Most refusals are similarity refusals. The examiner compares the mark as a whole — sound, meaning, visual impression — against earlier marks on identical or similar goods. Identical spelling is only the obvious case.

Search each class separately; cross-class similarity can still block you
Accept the blind period: recently filed but unpublished applications cannot be found
Device marks need element-level searching; pure logos are harder to clear
Foreign words need checking against likely Chinese transliterations and translations

A search result is a risk assessment, not an approval. Examination is decided by the examiner under the Trademark Law.

Choosing classes

China uses the Nice-based classification with 45 classes: 1–34 goods, 35–45 services. Protection is limited to the approved goods and services, so class selection defines the boundary of the right.

Business	Core classes	Note
Manufactured goods	The class matching the product, e.g. 9, 11, 21, 25	Add adjacent classes you may expand into
Food and beverage	29, 30, 43	Products and restaurant services are separate
Software and IT services	9, 42	Product and development service sit in different classes
E-commerce and retail	35	Store names and retail services usually need 35
Consulting	35, 41, 45	Determined by the specific service description

Examination

FilingApplication, specimen, applicant evidence, power of attorney, official fee.
Formal examinationDocuments checked for completeness and format; acceptance notice issued.
Substantive examinationDistinctiveness, prohibited elements, similarity with earlier marks.
PublicationThree-month opposition period open to any party.
RegistrationCertificate issued if no opposition, or if opposition fails.

Overall timing depends on the class, examination workload and whether a refusal is issued. A refusal can be reviewed within the statutory period; an opposition must be answered within its deadline.

After registration

Validity is ten years; renewal is required before expiry
Change of registrant name or address must be recorded
Three years of non-use exposes the mark to a revocation application
Licences should be recorded, though recording is not a condition of validity
Enforcement runs through administrative complaint, platform takedown or litigation

Frequently asked questions

How long does China trademark registration take?

It depends on examination workload and whether a refusal or opposition arises. Formal and substantive examination are followed by a three-month publication period; the whole process commonly runs from several months to over a year. We report at each stage rather than promise a certificate date.

Is registration guaranteed?

No. Approval depends on distinctiveness, prohibited elements and similarity with earlier marks, assessed by the examiner. What we can do is reduce risk through searching and class strategy, and respond to a refusal in time.

Can an individual file a trademark?

Yes, with evidence of business activity such as an individual business licence, and the goods or services should relate to that business. Companies file with their business licence.

What can we do after a refusal?

Apply for review within the statutory period from receipt of the refusal, with reasoning and evidence: use evidence, coexistence agreements, prior rights. The outcome depends on the grounds and the strength of the evidence.

Is one class enough?

It depends on your business. A single class leaves others free to register the same mark for different goods. Choose a combination covering current business, near-term plans and defensive needs.

Tell us the situation first, then we talk options

Send us your entity type, location and what you need done. We will set out the documents required, which steps need you in person, and a realistic timeline.

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