Selling into China through a distributor, sourcing goods there or opening a local company all raise the same question: who controls the brand in China? A company registration, domain name or trademark registered at home does not answer it. Trademark protection needs its own filing strategy.
For a foreign business, the main choice is a national application with the China National Intellectual Property Administration (CNIPA) or an international application under WIPO's Madrid System that designates China. Neither route replaces checking the mark and defining the goods or services first.
Start with the mark and the products
List every version of the brand you expect people to see: Latin letters, a Chinese name, a logo and any distinct slogan. Then list the actual goods or services. China uses the Nice Classification and a more detailed table of similar goods and services; a broad label such as “technology” is not a filing plan.
Search the official records before you commit to packaging or advertising. Start at the CNIPA China Trademark website; similar marks, pending applications and the applicant's identity can all affect the next step.
Route 1: File a Chinese national application
CNIPA says a foreign company with no business domicile in China must use a legally established trademark agency for Chinese national trademark matters. A representative office or local office of the foreign company does not, by itself, count as that domicile. CNIPA provides a search for recorded trademark agencies.
Ask the agency to show you the proposed mark, applicant name, goods and services descriptions and class list before filing. The applicant should be the person or company meant to own the brand. If a Chinese subsidiary, distributor or supplier files in its own name, ownership may not be where you assumed. Keep the application number and monitor status after submission.
Individual foreign applicants have different direct-filing rules if they habitually reside in China. A foreign company should check the precise route for its legal entity rather than borrowing advice written for an individual.
Route 2: Designate China through the Madrid System
The Madrid route may suit a business that already has an application or registration—called a basic mark—in a Madrid member and wants protection in multiple markets. You file through your Office of origin, select China as a designated member and follow WIPO's process. The goods and services in the international application cannot be broader than those in the basic mark.
A Madrid filing is a way to seek protection in China, not an automatic worldwide trademark. Each designated member applies its own law. WIPO states that a China designation does not extend to Hong Kong or Macao, so those markets need to be considered separately. Use WIPO's current fee calculator and member information rather than a fixed price quoted in an old blog post.
Where do foreign applicants get caught out?
- Filing only the English name. If buyers will use a Chinese name, decide who will own and file it.
- Using a vague goods list. Choose descriptions that match the products you actually plan to sell and sensible near-term expansion.
- Letting a partner own the filing. Agree ownership in writing and check whose name appears on the official record.
- Assuming a home-country registration is enough. Rights are territorial; the China application is a separate decision.
- Treating a search as a guarantee. CNIPA examines the filing. A search reduces avoidable surprises but does not grant rights.
If you are also setting up an entity, keep the brand decision alongside—not buried inside—the incorporation checklist. Our China company registration guide covers the company; our broader IP protection guide covers supplier and contract controls. A sensible brief for a trademark adviser is the applicant's legal name, each proposed mark, the products and services, launch markets and any close results you found in the search.
Official references
- CNIPA: How foreign applicants apply for trademark registration
- CNIPA: guidance on China's trademark classification and filing system
- WIPO: filing an international trademark application
- WIPO: Madrid System members and China coverage
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