Skip to content

Service 06 — IP services

In China, the register decides who owns your brand

First to file, not first to use. We clear, file and defend trademarks, patents and copyright so the name you built abroad is still yours here.

  • Trademark · Patent · Copyright
  • Madrid & national filing
  • Enforcement strategy

Typical filing

Trademark total
8–10 months
Filing receipt
1–2 weeks
Term
10 years, renewable
Classes
45, 10 goods per class
Official fee
RMB 270 per class

A filing receipt is issued quickly; the ™ symbol may be used from filing, ® only after registration.

01

Overview

The cheapest IP work is done before launch

China receives more trademark applications than any other jurisdiction, and a meaningful share are filed in bad faith against brands that have not yet arrived. Filing early is not bureaucracy — it is the only defence that costs almost nothing.

A Chinese trademark is territorial. Your EU or US registration is invisible here, and a Chinese distributor who registers your mark in their own name can, in the worst case, stop you importing your own product. The remedy exists, but it takes a year and costs more than the filing would have.

We handle the filing, but we spend more time on the two decisions that determine whether it was worth doing: which classes actually cover your business three years from now, and how the Chinese transliteration of your mark will be read by an examiner and by a consumer. Both are choices, and both are hard to change later.

File before you do any of this

  • Signing a distribution or agency agreement
  • Shipping product samples to a Chinese factory
  • Joining a trade fair in Guangzhou or Shanghai
  • Launching on Tmall, JD or a cross-border platform
  • Publishing an app on Chinese app stores
  • Announcing a joint venture partner

Bad-faith filings

If your mark is already registered by someone else, the routes are opposition (within three months of publication), invalidation on bad-faith grounds, or non-use cancellation after three years. Each has a different cost and success rate; we will tell you which applies.

02

Service scope

Four workstreams

Engaged individually or as a portfolio programme with an annual watch and renewal calendar.

01

Trademark registration

China is first-to-file: the earlier applicant owns the mark, regardless of who used it first abroad. We run a clearance search, file in the right classes, and manage examination, opposition and registration.

  • Clearance search in Chinese and English
  • Filing across 45 classes, 10 goods per class
  • Office action and opposition response
  • Ten-year renewals and recordals
02

International registration

For groups standardising a global portfolio, we file through the Madrid system designating China, or file directly in China first and extend abroad through Madrid from the Chinese base application.

  • Madrid designation of China
  • Chinese base application and Madrid extension
  • Priority claims and translation control
  • Portfolio coordination with foreign counsel
03

Patents

Invention, utility model and design patents, drafted with an eye on both grant and enforceability. We coordinate technical disclosure with your engineers and manage the annuity calendar afterwards.

  • Invention patents (20-year term)
  • Utility models (10-year term)
  • Design patents (15-year term)
  • PCT national phase entry
04

Copyright and protection

Software copyright registration, works registration, and a realistic enforcement plan: monitoring, platform takedowns, customs recordal, administrative complaints and civil action where the value justifies it.

  • Software copyright registration
  • Works and design registration
  • Customs recordal and platform takedowns
  • Administrative complaints and litigation support
03

Timelines

How long each right takes

Statutory periods, not promises. Where an application is opposed or refused, the timeline extends and we tell you at that point, not at the end.

Filing typeTypical durationNotes
Trademark — filing to acceptance1–2 weeksFiling receipt issued, mark usable with ™
Trademark — examination4–6 monthsAbsolute and relative grounds review
Trademark — publication and opposition3 monthsThird parties may oppose
Trademark — registration certificate8–10 months totalValid for 10 years from registration
Invention patent — substantive examination18–30 monthsRequested within 3 years of filing
Utility model patent6–10 monthsFormal examination only
Design patent6–8 monthsFormal examination only
Software copyright30–60 working daysCertificate from the Copyright Protection Centre

A trademark, month by month

Where the time actually goes.

  1. 01Week 0

    Clearance search and class strategy

    Search the register and the market; decide which classes and which goods actually need cover.

  2. 02Week 1

    Electronic filing

    Filing receipt arrives within one to two weeks. The ™ symbol may be used from this point.

  3. 03Month 4–6

    Examination and response

    Most applications pass. A refusal or a partial refusal is answered with argument and evidence, not with a refiling.

  4. 04Month 8–10

    Publication and certificate

    Three-month opposition window, then registration. ® may only be used from this point.

04

Process

From clearance search to a watched portfolio

Most of the commercial value sits in the first step and the last: searching properly, then watching.

  1. 01

    Search and strategy

    We search the register in Chinese for identical and similar marks, check your class coverage against the actual product line, and flag any blocking marks before you spend money.

  2. 02

    Filing

    Applications are filed electronically with the China National IP Administration, with a controlled Chinese transliteration of your mark agreed with you in advance.

  3. 03

    Prosecution

    Office actions, partial refusals and oppositions are answered within the statutory window. We draft the response and explain the likely outcome before filing it.

  4. 04

    Registration and watch

    Certificates are recorded, renewal dates enter the calendar, and monitoring alerts you when a similar mark is published — the cheapest moment to act.

05

Fees

Transparent filing costs

Official fees are fixed by the CNIPA at RMB 270 per class for up to ten goods or services; the professional work is in clearance, class strategy and prosecution. Fees below are exclusive of VAT and set against the Beijing market, not against what an overseas firm would charge to route the same filing.

Single class filing

RMB 1,800per class

One mark, one class, straightforward prosecution.

  • Clearance search and written opinion
  • Chinese transliteration advice
  • Electronic filing and receipt
  • One office action response
  • Certificate and renewal reminder
Enquire
Most requested

Brand portfolio

from RMB 4,800three classes

The usual scope for a consumer or technology brand entering China.

  • Search across all relevant classes
  • Three-class filing with goods strategy
  • Two office action responses
  • Twelve-month watch service
  • Customs recordal preparation
  • Portfolio report for your counsel
Enquire

Enforcement

from RMB 18,000per matter

When someone is already using your rights.

  • Evidence collection and notarised purchase
  • Platform takedown campaign
  • Administrative complaint filing
  • Customs seizure application
  • Litigation coordination with counsel
Enquire

Invention patent drafting and prosecution starts at RMB 11,000 plus official fees; utility models from RMB 4,800; software copyright registration from RMB 1,500. Madrid designations are quoted per class after a portfolio review.

06

FAQ

IP questions we answer daily

Already copied?

Send us the listing or the product link. We will assess the realistic options before you commit to legal spend.

+86 400 098 9866

Yes. China follows a first-to-file system, and a foreign registration gives you no rights in China unless you claim priority within six months of the original filing under the Paris Convention. Every year, overseas brands discover that a distributor, agent or unrelated third party has already registered their mark in China, and recovering it means opposition, invalidation or a purchase.

A single-class application filed electronically runs to roughly RMB 1,800 in professional fees including the RMB 270 official fee for up to ten goods or services. A typical consumer brand needs three to five classes; a technology company usually needs class 9, 35 and 42. Madrid designations of China are quoted per class and often cost more than direct national filing once translation is included.

Eight to ten months in a clean case: one to two weeks to a filing receipt, four to six months to the examination decision, then a three-month publication period before the certificate issues. Where an office action or opposition is raised, add six to twelve months. The mark may be used from the filing date with the ™ symbol; ® may only be used after registration.

Start with evidence: a notarised purchase or a platform test buy. From there the options are platform takedowns (fast, cheap, no damages), an administrative complaint to the market regulator (seizure and fines, no compensation), customs recordal to intercept exports, or civil litigation for damages. We recommend the mix based on what you actually want — the copycat gone, or a precedent.

If you manufacture, sell or plan to license in China, yes. A Chinese patent is the only basis for stopping a local competitor, and it is also a defence: companies that hold patents are far less exposed to infringement claims from others. Utility models are granted quickly and are effective against mechanical copycats; invention patents take longer but carry more weight in litigation.

It is the practical evidence of ownership for software in China, needed for tax incentives on software products, for app store and platform complaints, and for proving subsistence in litigation. Registration with the Copyright Protection Centre typically takes 30 to 60 working days and requires source code excerpts and documentation.

Next step

Check whether your brand is still available in China

Send us your mark and the products you sell. We will run a free preliminary register check and tell you which classes you actually need.

Call us directly

+86 400 098 9866info@bcac.com.cn

Mon–Fri 09:00–18:00 · Sat by appointment