Below is a recommended process for entrepreneurs planning to enter the Chinese market:
First, based on your business direction in China, determine the appropriate trademark class. China’s trademark classification follows the Nice Classification, covering classes 1 to 45. You need to select the class that corresponds to your products or services.
Create a trademark name that fits your brand image and is easy to remember and promote in China.
Search for the proposed trademark name in the class(es) you plan to apply for. If the search shows that the name is already registered or highly similar to an existing trademark (which may lead to rejection), consider coming up with a new name. If the search result is favorable (no similar or conflicting marks), proceed to the next step.
Use the cleared trademark name as the company’s trade name (i.e., the core name in your company’s legal name). Submit a name pre-approval application to the Chinese market regulatory authority to confirm that the trade name is not already used by another company.
After the name is approved, submit the other required documents and complete the business registration process to obtain a Chinese business license (the fundamental document for legally operating in China).
After company registration, use the business license to have the official seals made. Typically, you will need the company seal, legal representative’s seal, finance seal, etc. (these are required for subsequent administrative, tax, and business procedures).
Once you have obtained the Chinese business license and company seals, submit a formal trademark registration application to the China National Intellectual Property Administration (CNIPA) to secure legal protection for your trademark.
Supplementary note: For foreign entrepreneurs, following the above process can, on the one hand, greatly increase the success rate of Chinese trademark registration and avoid wasting time and money on trademark conflicts. On the other hand, it maximises the alignment of the trademark with the company name (trade name), which facilitates future brand promotion and reputation building in China and reduces brand identification confusion.
