What does “first to file” mean for trademarks in China?
China grants trademark rights to the first party to file, largely regardless of who used the mark first elsewhere. A foreign brand with no Chinese registration can find its own name registered by a supplier, distributor or unrelated filer — and then be blocked from using it in China, including on goods made there for export.
Most countries give some weight to prior use. China principally rewards prior filing. For a foreign brand that has traded for twenty years at home, this feels wrong the first time it is explained — and it is usually explained after the damage, by a lawyer, at cost.
Who files against foreign brands
- Suppliers and former suppliers, who see the brand on the packaging they are producing.
- Distributors and agents, sometimes as leverage in a commercial negotiation.
- Professional filers who register foreign brands speculatively and offer to sell them back.
The pattern that produces most disputes is mundane: a brand starts talking to Chinese manufacturers, sends artwork and packaging with the quotation, and only files months later once volumes justify the cost. By then someone else has filed.
The subclass problem
China subdivides the international classes into subclasses, and goods in different subclasses are often treated as non-similar. A registration that covers your product but not the adjacent subclass can leave a gap wide enough for someone to register a near-identical mark alongside you. Class strategy in China is a genuinely technical exercise, not a form-filling one — filing in “class 25” is not a plan.
What to do, in order
- File before you contact suppliers or distributors — not after the relationship is established.
- Register a Chinese-character version of the name as well as the Latin one. If you do not choose your Chinese name, the market will choose one for you and someone else may register it.
- Map classes and subclasses to what you actually sell and to what you might sell in three years.
- Run a clearance search and read it properly. A search that returns nothing is not the same as a search read by someone who knows what a partial conflict looks like.
- Keep dated evidence of your first use and your reputation. It matters in oppositions and invalidations.
We handle class and subclass strategy, read the clearance search and judge the risk. The filing itself is made by a trademark agency registered with CNIPA — we are not a trademark agency and never file in our own name. Rules on bad-faith filings have been revised recently; confirm the current position before relying on any summary.
Want this done rather than explained?
Class strategy, clearance reading, agency coordination — from US$180, Strategy in days; registration 9–12 months.
Sources
All sources checked 23 August 2026. This page is general information, not legal, tax or customs advice. Requirements vary by product, market and circumstance — confirm your own position before acting.
