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China Trademark Law Overview · Yalla China

中华人民共和国商标法 / Trademark Law

📝 Overview

China follows a "first-to-file" rule for trademarks, so whoever registers a mark first usually holds the right to it. Registering your brand early protects it for manufacturing, import and export.

This is general information only, not legal advice. For your specific case, consult a licensed lawyer.

📜 The law text / key provisions

Key practical points:
• China follows a "first-to-file" system: the right usually goes to whoever registers first, not necessarily who used the mark first.
• Register your brand in China early, even if you only manufacture for export, because protection is territorial within China.
• Class system: a mark is registered under specific classes of goods and services, so choose the classes that truly match your business.
• Beware of "trademark squatting": someone may register your brand name before you and then ask you to buy it back.
• A registered mark makes manufacturing, shipping, customs clearance and action against counterfeiters much easier.
• You can apply directly through China's trademark authority or through a trusted local trademark agent.
• Renew your mark on time and keep using it to avoid losing protection.

💬 Practical reading

💬 This is a general reading/opinion for orientation — not the official legal text nor legal advice.
If you have a brand name or logo you use with factories or in exporting, it is best to register it in China as soon as possible before someone else does. Do not assume that using the name in your home country protects you inside China, since protection is territorial and based on registration here. Choose the classes that fit your goods, and watch the market to spot any squatting early. This is a general orientation, not formal legal advice.

🚔 Illustrative example / related case

Illustrative, general educational examples — not real specific facts and not legal advice; for awareness only. For an actual situation, consult a licensed lawyer.
First to File Wins — Register Your Mark Early
The situation: A brand well known at home decides to expand into China and discovers a local party has already registered the same name, then offers to 'sell' it back for a large sum.

Applicable law: China's Trademark Law rests on the 'first-to-file' principle, meaning the right generally goes to whoever registered first, regardless of the mark's fame abroad.

Typical outcome: Difficulty using the name in the market, costly and lengthy disputes to try to cancel or reclaim it, or being forced to pay a heavy sum or change the name.
🎓 The lesson / takeaway: Lesson: In China the priority is filing, not fame. Register your trademark in China early, before any advertising or market entry, and cover the Latin, Chinese and logo versions across the right classes. Registering early is far cheaper than trying to reclaim the mark later.
Read the full case →
📎 Official source China National Intellectual Property Administration / cnipa.gov.cn

🕒 Updated: 16 March 2026

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