There is no legal requirement to conduct a trademark search before filing a trademark application in China. You can submit an application without a search. However, from a commercial and risk management perspective, a trademark search is a strongly recommended — almost essential — preparatory step.
China currently has over 50 million active registered trademarks
Commonly used or easily thought-of trademark names are highly likely to already be registered
Filing without a search results in a high rejection rate
With a proper search and optimization, the success rate can exceed 80%
If rejected, application fees are non-refundable, and 3–9 months of time are wasted
Application fees are not refunded upon rejection
Examination results typically take about 3 months to receive
Rejection due to similarity wastes not only application costs but also any prior branding, marketing, or material investments
A new application requires redesign and refiling, incurring additional time and expense
Prevents unintentional infringement of existing registered trademarks, copyrights, personal name rights, and other prior rights
Reduces the risk of future oppositions, invalidation actions, and litigation
| Search Type | Description |
|---|---|
| Identical / Similar Marks | Check for existing registrations or pending applications on the same or similar goods/services |
| Prohibited Grounds | Verify compliance with the Trademark Law (e.g., generic terms, adverse effects, etc.) |
| Prior Rights | Identify conflicts with others' copyrights, design patents, name rights, etc. |
In China, you can file a trademark application without conducting a search. However, a trademark search is a low-cost step that significantly improves your chances of success and helps avoid major risks. Professional trademark agents — such as PUYIZHICHAN — always conduct a search before filing.
