China Trademark Filing & Enforcement in China

China Trademark Filing & Enforcement

Toy-first, founder-friendly. We register your marks in China and help you enforce smartly: CNIPA vs Madrid, the right classes, realistic timelines and costs, and what GACC recordation actually does.

I need to file a trademark

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Updated October 31, 2025. All official fees shown in USD are approximative and can vary anytime.

China is first-to-file. If someone files "your" brand name before you, CNIPA can accept it and you may be blocked, even if you used it abroad. File early and cover the goods/services you use now or genuinely plan to use soon.

Two ways to file trademarks in China

1) Direct with CNIPA (Recommended for single country)

Who can file: Foreign applicants must use a qualified China trademark agency (local representative).
What you'll need: Applicant details (company cert. or passport), mark image (JPG/PNG), clear goods/services by Nice class, POA to the agent, and a China address for service.
Why pick this: Lower official fees per class; clean and fast for China-only protection.
Where to read more: CNIPA English FAQ and Agency list (external links below).

2) Via WIPO (Madrid System) designating China

Who can file: You need a home registration/application in a Madrid member (your "basic mark").
What you'll need: Same mark + classes/goods; fees are paid to WIPO in CHF (we show USD approx.).
Why pick this: One international filing to cover multiple countries including China; central portfolio changes later are simpler.
Heads-up: Fees are typically higher than a single CNIPA filing; China charges country-specific fees on top of WIPO's base fee.

"Cover your goods/services" = be specific and truthful. List the items you sell now or have a genuine intent to sell within ~1-3 years. Over-broad lists can be attacked and non-use for 3 years may trigger cancellation.

Toy-first class map ("Nice" Classification)

Main class

Class 28 — Toys, games, puzzles, ride-on toys, RC toys, novelty items.

Puzzles/boardgames, figures, plush, vehicles/track sets
RC toys & controllers (toy context)

Common adjacents

Class 16 — Manuals, stickers, paper craft
Class 9 - Apps, downloadable game software, smart/connected components
Class 25 — Apparel & costumes
Class 20 — Furniture/playroom items; dollhouses
Class 24 - Textiles for plush/fleece blankets

Business & services

Class 35 — Retail/online store services
Class 41 — Education, entertainment, kids events

You need to map your SKUs to precise items in CNIPA's goods/services list to avoid office actions.

External tools: Nice Classification search; CNIPA goods/services list (links below).

What you'll need to start

Applicant & mark

Company cert. (or passport for individual)
Mark image: clear JPG/PNG; color marks must show the colors claimed
Chinese name (optional but advised for China market)

Goods/services

Classes and specific items (≤10 per class to keep official fee low)
Ne help tailor and translate item names to CNIPA-accepted wording

Representation

Power of Attorney to our China agency partner
China address for service (we provide via agent)

We work in close collaboration with specialized PRC IP law firms for complex, contentious, or multi-defendant matters.

Pricing (USD) - Indicative

Official fees (government)

CNIPA filing: approx $37 per class (≤10 items). Each extra item: ~$3.7.
Madrid base fee (WIPO): B/W mark~$820; Color mark~$1,135 (China's country fee extra).

USD shown from recent FX; exact WIPO/China fees vary; check the live WIPO Fee Calculator.

Professional service (Awen Hollek + PRC counsel)

CNIPA route: $380-$600 per mark/class (prep, filing, reporting).
Madrid (designating CN): $480-$650 handling per mark (plus WIPO fees).
GACC recordation: $450-$750 per mark (after CNIPA certificate).

Indicative prices only displayed, inquire for more information. Need a precise quote? Send your mark(s) + classes + countries, and we'll lock the scope and fee before work starts. Bulk/portfolio rates available. Disputes, oppositions, and investigations are billed separately at agreed budgets.

Timeline (typical and indicative)

Search & scoping

1-3 business days

Substantive exam

~6-9 months

Filing

1 day after docs/POA & payment

Publication

3 months (opposition window)

Formalities check

~1-2 months

Certificate

~2-4 weeks after grant

Overall: ~12-18 months if smooth. Complex cases vary.

Enforcement in China: practical playbook

What works in practice

Monitor first: CNIPA gazettes, e-commerce platforms, Canton/Chenghai/Yiwu fairs, and export channels.
Evidence matters: test buys, notarized screenshots, timestamped photos, factory visits, and sample retention.
Pick the forum: Administrative (local AMR raids/seizures), Customs (GACC recordation + detentions), Civil (damages/injunctions), or Platform takedowns.
Budget realistically: Investigations and follow-through cost real money; major brands win because they fund evidence & follow-up. We right-size the plan for SMEs.

Limits & how to de-risk

Customs can't see everything: GACC won't catch all shipments; volume is huge. Rapid responses to detention notices are critical.
Local variation exists: Enforcement quality and speed vary by city; preparation & local counsel help.
Corruption/reluctance risks: Counterfeiters adapt; tight evidence + lawful procedures reduce room for pushback.
Settlement tools: Bilingual undertakings with factories (cease, destruction, compensation) can beat a long lawsuit when the proof is strong.

Case study (abridged): A client found their mark on products from a non-partner factory. We ran evidence collection (test buy + photos + videos), then filed GACC recordation. With counsel, we negotiated a bilingual agreement requiring destruction of marked stock and compensation-avoiding a lengthy court action.

GACC customs IP recordation (what it is, what it isn't)

What it is

A registry where China Customs (GACC) can match your registered trademark against export shipments and detain suspected counterfeits.

What it isn't

A guarantee of interception. You must respond fast to detentions, post bonds where required, and often escalate with additional evidence. It often requires deep and costly investigations on ground finding out which containers must be seized.

What you need to record

CNIPA registration certificate(s) and mark images
Rights holder and contact info (agent if applicable)
Product photos and identifying features; HS codes helpful

We handle GACC filings end-to-end and work with our partners for enforcing cases when necessary.

Official links

Ready to protect your brand in China?

We'll scope classes, file with CNIPA or via Madrid, and set up a pragmatic enforcement & GACC plan-together with trusted PRC IP law-firm partners.

China Trademark Filing & Enforcement in China