In today’s competitive business environment, a trademark is much more than just a symbol — it’s the core identity of your brand. Securing trademark registration not only provides legal protection but also strengthens your brand building and market expansion efforts. However, registering a trademark in China can be challenging, with many applications facing rejection. According to the China National Intellectual Property Administration, trademark applications reached 9.494 million in 2024, an increase of 11.7% year-on-year. With such high volume, improving your chances of successful registration has never been more important.
Here’s a practical guide covering key steps to improve your trademark registration success rate in China.
A. Ensure Distinctiveness and Originality
A distinctive and unique trademark stands out and is more likely to pass examination. There are two types of distinctiveness: inherent and acquired. Inherently distinctive names—such as “Huawei” (a coined word) or “Xiaomi” (a suggestive term)—have higher registration success rates. You can also combine a core word with a modifier, like “Meituan Waimai” or “Didi Chuxing,” to reflect your industry while remaining distinctive. Avoid generic or descriptive terms (e.g., “Good Taste” for food or “Fast Delivery” for logistics), which face rejection rates of over 60% due to lack of distinctiveness.
B. Comply with Legal Restrictions
Articles 10 and 11 of China’s Trademark Law specify which signs cannot be registered or used as trademarks. These include national flags, names of countries, the Red Cross symbol, and other prohibited elements. For example, an application for “CHINA” was rejected for violating these rules. Other terms that directly indicate product function (e.g., “Waterproof”) or use common names (e.g., “Apple” for fruit) are also difficult to register unless they have acquired distinctiveness through long-term use, as seen with “USB Flash Drive,” originally a generic term later registered by Netac.
C. Consider Cross-Cultural Implications
If you plan to expand internationally, make sure your trademark doesn’t have negative meanings or cultural taboos in other markets. For example, a car brand using “White Elephant” had to rebrand when entering Southeast Asia, where the term implies something useless and costly. Opt for neutral words or phonetic translations like “Huawei” or “ByteDance,” which work well across cultures.
A. Use Official Channels for Search
Before filing, conduct a thorough search on the China Trademark Office website to check for similar marks across relevant classes. For instance, if registering a clothing trademark (Class 25), also check accessory and fabric-related subclasses. Compare spelling, pronunciation, and design similarities—a brand like “LeKu” was rejected because it sounded too similar to the registered “LeKu.”
B. Seek Professional Search and Analysis
Professional agencies offer more accurate searches using advanced tools and AI. They can analyze distinctiveness, identify potential conflicts, and provide feasibility assessments. Keep records of your search results to guide future applications and reduce risks.
A. Strive for Simplicity and Uniqueness
A simple, clean design is easier to recognize and remember. Overly complex designs may be rejected for lack of distinctiveness. Avoid模仿 existing trademarks—create original designs instead. Think of Apple’s bitten apple logo: simple, unique, and highly recognizable.
B. Align with Brand Positioning
Your trademark should reflect your brand’s values and positioning. For example, Coca-Cola’s flowing script and red color convey energy and happiness, matching its product and audience.
A. Identify Core Classes
Use the Nice Classification to identify classes related to your core business. Manufacturers should register product classes (e.g., Class 9 for electronics, Class 25 for apparel) as well as related service classes like Class 35 (advertising) and Class 42 (tech services). Service providers should register their service class (e.g., Class 36 for finance, Class 43 for food services) plus supporting classes like Class 35 and 38.
B. Build a Defensive Strategy
To prevent squatting, consider registering similar marks in the same class (like Alibaba’s “Ali Mama,” “Ali Baba,” etc.) or your mark in unrelated classes (like Moutai’s registrations across all 45 classes). Also, register in classes you may expand into in the future.
A. File a Review on Time
If your application is rejected, you have 15 days from notification to request a review with the Trademark Review and Adjudication Board. Assess the reasons for rejection and prepare a strong case.
B. Provide Solid Evidence
Submit evidence showing your trademark’s distinctiveness, use, and market recognition. For example, a restaurant rejected for “Old Place” provided proof of long-term use and local fame, eventually achieving registration. Comparisons with similar marks and brand association materials can also help.
Success in trademark registration in China requires careful planning at every step. If you’re unfamiliar with local laws and procedures, consider working with a professional agency to improve your chances and secure your brand’s future.
