China does not require a local company, a resident director or evidence that you already sell there. It requires a Chinese-registered agency, a clear specimen of the mark, a goods list in Chinese and a signed power of attorney. Everything below is what we ask for on day one, and the mistakes that turn a two-week filing into a two-month one.
Who can own a Chinese trademark
Any foreign company or individual. Article 17 of the Chinese Trademark Law opens applications to foreign applicants, and the registration is granted in your name — you control it, license it and renew it directly.
What the law does require, under Article 18, is that applicants without a habitual residence or place of business in China file through a trademark agency established in China. CNIPA will not correspond with an address outside China, so the agency is your channel for filing, office actions and certificates. It is a procedural requirement, not a restriction on ownership.
The document set
| Document | Who provides it | What we check |
|---|---|---|
| Application form (Chinese) | Us | Applicant name must match the registration document exactly, including punctuation |
| Power of attorney, signed | You sign, we prepare | Signature must match the signatory's ID; company seal if you use one |
| Copy of business registration | You | Valid, legible, with the registered address as it appears in English |
| Chinese translation of the name | Us | Transliteration must be consistent with any existing Chinese-language use |
| Mark specimen (JPG) | You or us | 400×400 to 1500×1500 px, clean edges, no mockups or product photos |
| Goods and services list | Us, with you | Standard CNIPA wording; non-standard items trigger an office action |
| Priority document | You, if claiming | Certified copy from your home office, within 6 months of the home filing |
The specimen rules nobody explains
What you file is what you get. If the specimen is a stylised logo, the registration protects that logo, not the plain word. If it is a wordmark, it protects the word in any typeface. Most brands should file the plain wordmark first — it is broader — and add the logo only if the design matters commercially.
- File black and white unless colour is the brand. A colour registration is limited to that colour combination.
- Do not file a screenshot, a packaging mockup or a photo of a shop sign. CNIPA rejects anything that is not a clean graphic.
- Chinese characters are a separate mark. If customers and staff use a Chinese name, that name needs its own application — see the Chinese-character note.
The goods list is the part that gets refused
China uses the Nice classification with its own sub-class system, and CNIPA accepts a fixed vocabulary. Ten items per class are included in the official fee; each extra item is RMB 27.
- Use standard wording wherever possible. Invented descriptions are the most common reason for a formal office action.
- Pick items you sell now and items you plan to sell within three years. Too narrow leaves gaps; too broad invites a non-use vulnerability.
- Retail and e-commerce businesses usually need Class 35 on top of the product class. It is the most crowded class in China and needs a search of its own.
What you do not need
- A Chinese company. Ownership is open to foreign applicants.
- Proof of use. Unlike the United States, China does not ask for specimens of use or a declaration to obtain registration.
- Notarisation of the POA for a standard direct filing.
- A prior Chinese registration or a home registration, unless you want to claim Paris priority.
If you come in through Madrid
A Madrid designation needs no Chinese document set from you — your home office transmits it. Two things do change: the goods list is limited to what your international registration covers and cannot be widened at CNIPA, and the practical timeline is longer (commonly 12–18 months) than a direct filing. If China is a priority market, filing directly is usually both faster and more controllable.
Six paperwork mistakes that cost months
- Name mismatch. The applicant name on the form differs from the registration document by a word, an ampersand or an abbreviation. CNIPA issues a correction notice; the clock stops.
- Unclear specimen. Low-resolution or photographed marks get a formal objection.
- Non-standard goods wording. Triggers an office action even when the mark itself is fine.
- Missing priority claim inside the six-month window — the earlier date is gone permanently.
- Filing only the English wordmark and discovering the Chinese name is registered to a distributor two years later.
- Filing before a search. The fee is not refundable and a refusal does not return it.
Frequently asked
Can a foreign company file directly with CNIPA?
No. Article 18 of the Chinese Trademark Law requires applicants with no habitual residence or place of business in China to act through a trademark agency established in China. Ownership still sits in your company's name; the agency is only the channel for filing and correspondence.
Do I need a Chinese subsidiary to own a Chinese trademark?
No. Article 17 allows foreign individuals and enterprises to apply and own registrations. A subsidiary is a commercial decision, not a filing requirement.
Does the power of attorney need notarising?
For a direct CNIPA filing, no — a signed power of attorney is enough. Notarisation or legalisation requirements do appear in some assignment and enforcement scenarios, and in certain Madrid designations, which is why we check case by case rather than quoting it as standard.
Can I file without a business licence?
An individual can apply using a valid identity document, but the practical route for a brand is to file in the name of the entity that owns it. Filing in a founder's personal name means the registration has to be assigned later, which costs more than doing it right at the start.
How long does priority from my home filing last?
Six months under the Paris Convention. If your home application was filed within that window you can claim its date in China, which matters when a squatter files in between.
Not sure your documents will pass?
Send the brand name, the entity that will own it and the categories you sell in. We come back with the document list for your case, the classes we recommend, and a fixed fee — before anything is filed.