Comprehensive Guide to Trademark Registration in China for Foreigners and Foreign - Funded Enterprises - Company China
assistantJune 7, 2025Trademark
Introduction
Contents
- Introduction
- Methods for Foreigners or Foreign – Funded Enterprises to Register Trademarks in China
- Benefits of Registering a Trademark in China
- Obtain Exclusive Trademark Rights and Be Protected by Law
- Facilitate Consumers to Recognize Brands and Improve Brand Awareness and Trust
- Establish a Brand and Occupy the Market First
- Increase Enterprise Value
- A Prerequisite for Quality Inspection, Hygiene Inspection, and Barcode Application
- Enjoy Relevant National Preferential Policies
- Conclusion
In today’s globalized business environment, the Chinese market, with its huge consumer base and booming economic development, has become a magnet, attracting numerous foreigners and foreign – funded enterprises. Registering a trademark in China is not only a crucial measure to protect brands and intellectual property but also a key step for enterprises to explore the Chinese market. Next, this article will comprehensively and in – depth introduce how foreigners or foreign – funded enterprises can register trademarks in China and the many benefits of registering Chinese trademarks.
Foreigners or foreign enterprises applying for trademark registration in China should follow the agreements signed between their home countries and China or the international treaties they jointly participate in. In the absence of such agreements or treaties, the principle of reciprocity shall be applied. As of now, China has joined several important international trademark treaties, such as the Convention Establishing the World Intellectual Property Organization, the Paris Convention for the Protection of Industrial Property, and the Madrid Agreement Concerning the International Registration of Marks.
For citizens and enterprises from countries that have signed trademark reciprocity agreements with China, the application for trademark registration shall naturally be carried out in accordance with the provisions of the agreements. Since China’s accession to the above three international treaties, bilateral agreements only apply to countries that have not joined these three treaties.
According to Article 18 of the Trademark Law, foreigners or foreign enterprises applying for trademark registration and handling other trademark – related matters in China must entrust a legally established trademark agency to handle them. This regulation follows international practice and is a mandatory agency – entrustment principle for foreigners and foreign enterprises in trademark registration applications. Currently, any trademark agency recognized by the state and with trademark – agency qualifications can carry out foreign – related trademark agency services.
《The Madrid Agreement Concerning the International Registration of Marks》, abbreviated as the Madrid Agreement, is a multilateral international treaty managed by the World Intellectual Property Organization. China became a contracting party to this agreement on October 4, 1989. Nationals of contracting states can submit an international trademark registration application to the International Bureau of Intellectual Property in the 《Convention Establishing the World Intellectual Property Organization》 through the registration authority of their home country and request territorial extension to obtain the exclusive right and protection of the trademark in other contracting states. However, foreigners and foreign enterprises wishing to obtain trademark rights through territorial extension under the Madrid Agreement need to note the following: Their home country must be a member of the Special Union for the International Registration of Marks; in China, the protection obtained through international registration can only be extended to China upon the special application of the trademark owner; the categories of goods or services in the trademark registration application for territorial extension should be consistent with those of the registered international trademark; this agreement only applies to trademarks registered since the date of China’s accession to the agreement, that is, international trademarks registered after October 4, 1989, can request territorial – extension protection as stipulated.
Foreigners or foreign enterprises with a regular place of residence or business in China can handle trademark registration matters by themselves. For example, foreigners living in China, various foreign institutions in China, Sino – foreign joint – venture enterprises, and wholly – foreign – owned enterprises.
Trademark registrants have exclusive trademark rights and are strictly protected by law, which can effectively prevent others from infringing on their trademark rights. Once trademark infringement is discovered, the registrant can safeguard their legitimate rights and interests through legal means, requiring the infringer to stop the infringement and compensate for the corresponding losses.
Registered trademarks help consumers recognize brands when shopping, which can significantly improve brand awareness and trust. When purchasing goods or services, consumers tend to choose brands with registered trademarks because they believe such brands are more reliable and secure.
Through trademark registration, enterprises can establish their own brands and occupy the market first, thereby enhancing the enterprise’s competitiveness and market share. A trademark with a unique logo can help an enterprise stand out in the fierce market competition, attract consumers’ attention, and bring more business opportunities to the enterprise.
As an intangible asset, a trademark can effectively increase the value of an enterprise and bring long – term economic benefits. The value of a trademark can be determined through professional evaluation, and its value can be realized through transfer, licensing to others for use, or mortgage, creating additional income for the enterprise.
A trademark is also a prerequisite for handling quality inspection, hygiene inspection, barcode application, etc., which is beneficial for the sales and circulation of enterprise products. On some e – commerce platforms or large – scale shopping malls, merchants are usually required to provide a trademark registration certificate to enter.
The government attaches great importance to and encourages export enterprises to create their own brands overseas. Export enterprises that have obtained trademark registration certificates abroad can apply for special funds subsidies from relevant departments.
For foreigners and foreign – funded enterprises, registering a trademark in China is an important measure to protect brands and intellectual property. By thoroughly understanding the methods and benefits of trademark registration in China, foreigners and foreign – funded enterprises can better plan their business development in China, enhance brand competitiveness, and achieve business goals. At the same time, the Chinese government is constantly optimizing trademark – registration policies and procedures to provide more convenient and efficient services for foreigners and foreign – funded enterprises. It is hoped that this article can provide useful references for foreigners and foreign – funded enterprises to register trademarks in China.
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