FIRST TO FILE,
NOT FIRST TO USE
KEY FACTS
THE RULE
Earlier filing generally has priority, subject to examination, prior rights and other legal grounds.
OPPOSITION WINDOW
3 months from publication of a conflicting application.
WHEN TO FILE
Before any product launch, exhibition, distributor talks, or manufacturing in China.
DON'T FORGET
A Chinese-character version of your mark, and the right subclasses.
NEED A FIRST READ?
Send us the mark, the market, and any deadline. We will route it to the right practice lead within one business day.
Contact UsContent updated: . Current-law references reflect the rules in force at this update. Check the 2027 law and transition arrangements for later matters.
THE RULE THAT SURPRISES FOREIGN BRANDS
China generally prioritizes the earlier application when conflicting signs are sought for identical or similar goods. Filing alone does not create a registered exclusive right: examination and registration still matter. Earlier use, prior rights and bad faith can affect entitlement under specific provisions.
Overseas use or reputation does not automatically produce a Chinese registration. An earlier third-party filing can obstruct your own application or business plans, but its validity and scope should be investigated before assuming the other applicant owns every use of the name in China.
HOW BRANDS GET CAUGHT
The typical scenarios we see are not exotic. A manufacturer or distributor files your mark “to protect the cooperation.” A former employee or business contact files it after seeing your expansion plans. A professional squatter monitors overseas trademark gazettes, e-commerce listings, and crowdfunding sites, then files promising foreign marks in bulk.
By the time the brand owner notices — usually when a platform listing is blocked, a shipment is stopped, or their own application is refused — the squatted registration has often matured and the cheap procedural windows have closed.
THE SUBCLASS SYSTEM: A SECOND TRAP
China uses the Nice Classification and a national table of similar goods and services. Subclasses are an important planning reference, but goods in different groups or classes may still be similar, and some goods within one group are not. The actual goods, table notes and relevant public's understanding all matter.
Review a foreign specification against the current Chinese classification and actual products instead of copying it unchanged. Plan coverage around business needs and reasonably foreseeable expansion.
WHAT PRIOR USE ACTUALLY GETS YOU
Chinese law does offer limited defenses: a prior user whose mark already had “certain influence” in China may continue use within its original scope, and bad-faith registrations can be opposed or invalidated. But these are remedies you argue about in proceedings, with evidence requirements that are hard to meet for brands that never formally entered China.
Treat prior-use protection as a safety net with holes, not as a strategy.
A PRACTICAL FILING SEQUENCE
Clear the core word mark and logo before a public launch or important supplier and distributor commitments. Where a Chinese name will be used or is commercially relevant, assess and file that name separately. Cover actual products and realistic expansion, and monitor conflicting applications so any opposition can be considered within the applicable publication period. Filing and monitoring reduce particular risks but do not guarantee registration or prevent every dispute.
OFFICIAL REFERENCES
This article is general information about Chinese IP practice, not legal advice for a specific matter. Rules, fees, and timelines change; confirm current requirements before acting. For advice on your situation, contact our team.