There are significant legal and operational risks in selling products directly in China without a trademark. It is recommended to obtain a trademark registration certificate before putting the products on the market. If there is an urgent need to proceed, it is advisable to wait until the trademark has been preliminarily approved and published before use. Even in urgent situations, it is essential to conduct a trademark search first to rule out the risk of infringement before proceeding with use.
The use of a trademark without prior search is not recommended: as the number of valid registered trademarks in China has exceeded 50 million, careless use can easily lead to trademark infringement, exposing the user to risks such as complaints, product delisting, and claims for damages. Furthermore, an unregistered trademark does not enjoy full exclusive rights, making it difficult to effectively protect against counterfeiting.
China's trademark system is based on the principle of first-to-file. If a third party has already registered a similar trademark, it will become significantly more difficult to successfully obtain registration later on.
