Overview #
China’s Trademark Law governs how trademarks are registered, protected, and enforced. First enacted in 1982, it has been amended several times — most recently in 2019 — to strengthen protection and crack down on bad-faith registrations.
Core Principles #
- First-to-file: rights are generally granted to whoever files first, not whoever uses first.
- Registration-based protection: enforcement rights flow from registration.
- Examination: CNIPA examines applications for distinctiveness, similarity, and legality.
The 2019 Amendments: What Changed #
- Bad-faith filing crackdown: applications filed in bad faith and not intended for use can be rejected, and agencies and applicants face liability.
- Higher damages: statutory damages increased to CNY 5 million.
- Punitive damages: courts can award up to 5 times the damages for willful, serious infringement.
- Stronger evidence rules: courts can order infringers to produce books and records, with adverse inferences for non-compliance.
IP Protection for Foreign Investors #
China treats foreign and domestic applicants equally under the law, but foreign applicants must act through a licensed Chinese agent. China has also strengthened IP enforcement as part of its investment environment — including specialized IP courts in major cities and expedited procedures for straightforward cases.
Assignment and Licensing #
- Assignment: the assignor and assignee jointly apply to CNIPA; the transfer takes effect after approval and publication.
- Licensing: trademark licences should be recorded with CNIPA, although recording is not a condition of validity.
- Security: registered marks can be pledged as security, subject to recording.
Why It Matters #
Understanding the legal framework helps you register strategically, avoid bad-faith traps, and enforce effectively. The 2019 amendments in particular give rights holders much stronger tools against squatters and counterfeiters.
Have a specific legal question? Ask our team — we work with licensed Chinese trademark attorneys.