By Philip Chen, co-founder of Fashion China Agency — I have seen too many international fashion brands enter China without registering their trademark, then spend years in court trying to recover their own name from a squatter who got there first. Register your trademark in China before you do anything else.
Registering a Trademark in China: A Necessary Step for Fashion and Luxury Brands
The fashion and luxury industry in China has experienced tremendous growth, attracting companies from around the world. To tap into this expanding market, it is essential to register your brand before entering China. This is particularly important due to the prevalence of counterfeit goods and trademark squatting in the Chinese market, which can pose serious challenges for genuine companies. By registering and protecting your trademark, it becomes far more difficult for counterfeiters to use your brand name or logo, as the trademark belongs exclusively to you within the Chinese legal system.
While China trademark registration might seem like an unnecessary administrative step, it is a crucial first move for local and foreign companies of all sizes. Many well-known brands have faced serious consequences by neglecting China trademark law. This article explains the significance of this process and provides guidance on how to register a trademark in China, whether you are based abroad or within the country.
Why China Does Not Recognize Your Home Country Trademark
International firms often assume that by registering their trademarks in their home country, they will be recognized in China as well. This assumption is wrong and costly. The Chinese system does not recognize trademarks registered in other parts of the world and will grant legal protection only to companies registered in Mainland China. China operates on a “first-to-file” system, not a “first-to-use” system. This means whoever files the trademark application in China first gets the rights, regardless of who actually created the brand and uses it globally.
Around the world, several international agreements facilitate trade and mutual trademark recognition. The Madrid Protocol allows international trademark registration across multiple countries. However, China’s implementation of these agreements does not override its domestic first-to-file principle for established marks. The practical implication: if a Chinese company files your brand name in China before you do, they have a legitimate legal claim to that mark within China, and you will need to litigate to recover it.
The Cost of Not Registering: The Muji Case
One of the most striking examples of the consequences of failing to register a trademark in China is the case involving Muji, the Japanese lifestyle brand. A Chinese company registered Muji’s Chinese name (无印良品, Wuyin Liangpin) in China before the Japanese parent company did. When Muji eventually entered the Chinese market and attempted to enforce its brand rights, it discovered the trademark already belonged to a domestic Chinese company called Natural Mill. After years of litigation, Muji not only had to pay a fine to the copycat company but was also required to issue a public apology for trademark infringement. The company that had built the brand was legally liable to the one that had stolen its name.
The lesson from the Muji case is not just about China’s legal system. It is about the speed required. Trademark squatting in China is a professional business. Squatters monitor international trademark filings and brand launches, then file the Chinese versions immediately. By the time a foreign brand is ready to enter China, its name may already belong to someone else.
How to Register a Trademark in China
The trademark registration authority in China is the Trademark Office of the National Intellectual Property Administration (CNIPA). All trademark applications are filed through its system. Key steps in the process:
- Conduct a prior trademark search. Before filing, search the CNIPA database to check whether your mark is already registered by another party in China. Both the English name and the Chinese transliteration or translation of your brand name need to be checked. Ideally, your legal team or trademark agent conducts this search across all relevant trademark classes.
- Select the correct trademark classes. China uses the Nice Classification system (45 classes). Fashion and luxury brands typically need to register across multiple classes: Class 25 (clothing and footwear), Class 18 (leather goods and accessories), Class 14 (jewelry and watches), Class 35 (retail services), and any other relevant categories. Each class requires a separate application and fee.
- Decide on English name, Chinese name, or both. Register both. The English brand name and a Chinese transliteration or translation are distinct trademarks in China. Failing to register the Chinese version of your name is one of the most common mistakes foreign brands make, because Chinese consumers will naturally create a Chinese name for your brand, and that name can be registered by a third party.
- File the application. Applications can be filed directly through the CNIPA website (in Chinese) or through a licensed Chinese trademark agent. Using a local agent is strongly recommended for foreign brands unfamiliar with Chinese filing requirements.
- Wait for examination. The CNIPA examination process typically takes 9-12 months. During this period, the application is examined for formality and then for substantive conflicts with existing registered trademarks.
- Monitor for oppositions. After examination, the application is published for opposition. Third parties have 3 months to oppose the registration. Once the opposition period passes without challenge, the trademark is registered and valid for 10 years.
Registering Across Multiple Classes: The Lancôme Strategy
Lancôme, specialized in cosmetics, also registered its trademark in consulting, financial services, and other seemingly unrelated industries in China. This broad multi-class registration strategy protects against competitors who might register the same trademark name in categories where the original brand does not currently operate, but might in the future. The 2016 case where a Chinese company successfully sold bags and wallets under the brand “iPhone” (because Apple had not registered in that specific product category in China) illustrates exactly why multi-class registration matters. Both products were sold under the brand “iPhone” simultaneously, and Apple lost its appeal in court because it had not secured the relevant trademark class.
For fashion and luxury brands, predicting how your brand might expand into adjacent categories is difficult. A fashion brand might eventually move into home goods, fragrance, or food and beverage. Registering trademark protection in those adjacent categories early costs a fraction of what litigation to recover the name later would cost.
Trademark Validity and Renewal
A registered trademark in China is valid for 10 years from the date of registration. It can be renewed indefinitely in 10-year increments. Renewal applications must be filed within 12 months before the expiration date, with a 6-month grace period available subject to late fees. Fashion brands that registered in China in the early 2010s should audit their trademark portfolios to ensure renewals are current and that new product lines or brand extensions have been registered in appropriate classes.
2026 Trends: China’s IP Enforcement Improves for Fashion Brands
By 2026, China’s intellectual property enforcement landscape has improved significantly compared to a decade earlier. Baidu legal search data and CNIPA annual reports highlight several positive developments for international fashion brands:
Online platform takedown systems have become faster and more effective. Alibaba’s IP protection platform, Tmall’s brand protection tools, and JD.com’s IP verification system now process takedown requests for counterfeit products in 24-48 hours for verified brand owners. The volume of counterfeit listings removed annually from major Chinese platforms has grown year-on-year since 2020, driven by both platform policy enforcement and Chinese government anti-counterfeiting campaigns.
Courts are awarding higher damages in trademark infringement cases. China’s Supreme People’s Court issued guidelines in 2021 that significantly increased the damages available in IP infringement cases. By 2026, courts in Beijing and Shanghai regularly award damages in the tens of millions of yuan for high-profile trademark infringement cases involving international fashion brands. This shifts the economics of trademark squatting and counterfeiting, making enforcement increasingly viable for brand owners.
Cross-border e-commerce platforms face stricter IP compliance requirements. Platforms enabling international brands to sell into China are now required to verify brand ownership and trademark registration status before listing. This has the side effect of accelerating the urgency for international brands to complete their China trademark registrations: without a registered Chinese trademark, listing on major CBEC platforms becomes significantly more complicated.
AI-powered trademark monitoring tools improve brand protection. Several Chinese and international IP firms now offer AI-powered monitoring services that scan Chinese e-commerce platforms, social media, and trademark databases continuously for potential infringements. These tools have substantially reduced the cost and time required for fashion brands to maintain ongoing trademark surveillance across China’s vast online marketplace.
Case Study: New Balance’s Trademark Victory in China (2017)
New Balance’s trademark dispute in China is one of the most important IP cases for international fashion and sportswear brands. In 2010, a Guangzhou company registered the Chinese character mark “新百伦” (Xin Bai Lun), which was the name Chinese consumers had been using for New Balance for years. When New Balance tried to use the same name in its official China marketing, the Guangzhou company sued for trademark infringement.
The first court ruling went against New Balance, ordering the brand to pay 98 million yuan in damages. However, New Balance appealed, and the case went through multiple rounds of litigation. The final outcome, reached in 2017, was more favorable: the courts found that New Balance had prior rights to the “新百伦” name based on its established use and consumer recognition, even without formal registration. New Balance was ultimately required to pay a substantially reduced amount and was able to continue using the name.
The case cost New Balance years of management attention, legal fees, and brand uncertainty in one of its fastest-growing markets. The lesson for fashion and sportswear brands is clear: register both the English name and the Chinese-language name of your brand in China before any public marketing, consumer engagement, or retail activity. The cost of proactive registration is orders of magnitude lower than the cost of defending or recovering your brand name through litigation.
Frequently Asked Questions
Do I need to register my trademark in China separately from my home country?
Yes, absolutely. China does not recognize trademarks registered in other countries. China operates on a first-to-file system, meaning whoever files a trademark application in China first has legal rights to that mark, regardless of who created the brand or uses it internationally. You must file a trademark application directly with China’s National Intellectual Property Administration (CNIPA) to obtain legal protection in China. The Madrid Protocol allows international applications that include China, but the Chinese trademark rights still arise from the Chinese filing, not from the home country registration.
How long does trademark registration in China take?
The standard process from filing to registration takes approximately 12-18 months. This includes a formality examination (1-3 months), a substantive examination (9-12 months), a 3-month opposition period after approval, and then final registration. Expedited examination is available in certain circumstances but is not routinely available. It is therefore critical to file your trademark application in China as early as possible, ideally before any public announcement of your entry into the Chinese market, since public announcements alert trademark squatters.
What happens if my brand name is already registered in China by a third party?
If your brand name has been registered by a third party in China, you have several options depending on the circumstances. If the registration was done in bad faith (specifically to block your use of the name), China’s trademark law allows you to file an invalidation action with the CNIPA. If the third party cannot demonstrate genuine commercial use of the mark after registration, you may also file for non-use cancellation after the mark has been registered for three years. Both processes require evidence and legal representation in China. Recovery is possible but slow and expensive, which is why proactive registration before market entry is always the right approach.
Should I register the English name, the Chinese name, or both?
Both. Always. The English name and the Chinese-language transliteration or translation of your brand name are treated as separate trademarks in China. Chinese consumers will naturally create or adopt a Chinese name for your brand, and that name can be registered by a third party if you have not filed it yourself. Brands like Apple, Nike, and Louis Vuitton all have registered Chinese-language trademarks in addition to their English names. For fashion brands, the Chinese name is often what consumers search for on Taobao and Xiaohongshu, making it commercially more valuable than the English name for consumer-facing purposes.
How much does trademark registration in China cost?
Official CNIPA filing fees are 300 yuan per class for online applications. However, the total cost when using a qualified Chinese trademark agent (strongly recommended for foreign brands) ranges from 3,000 to 8,000 yuan per class, including agent fees and any preliminary search work. For a fashion brand registering across five classes (clothing, accessories, leather goods, retail services, and online retail), the total budget including agent fees is typically 15,000 to 40,000 yuan. This is a small fraction of the legal costs involved in trademark litigation or recovery, which can run into hundreds of thousands or millions of yuan.
About Fashion China Agency
Fashion China Agency is a Shanghai-based digital marketing agency specialising in fashion, luxury, and lifestyle brand entry into the Chinese market. We help international brands build awareness, drive e-commerce revenue, and build communities on Xiaohongshu, Douyin, WeChat, and Tmall. Founded by Philip Chen and Olivier Verot, with offices in Shanghai and Paris.
Philip Chen is co-founder of GMA (Gentlemen Marketing Agency) and Fashion China Agency. Chinese-born, Shanghai-based, 12 years working with European and American fashion and luxury brands on China market entry. Connect on LinkedIn.