International businesses familiar with the US trademark system often find China’s system surprisingly different. Here are the key distinctions.
China: First-to-file. The first person to file gets rights. US: First-to-use with intent-to-use. Prior use matters.
China: Allows multi-class applications (one application for multiple classes). US: Single-class applications only.
China: 4-6 month examination period. US: 8-12 month examination period.
China: Can be challenged after 3 years of non-use. US: After 5-6 years, proof of use must be filed.
China: Administrative enforcement available (faster, cheaper). US: Court-based enforcement only.
Understanding these differences is essential for creating an effective global brand protection strategy.