Accompagnement stratégique et juridique pour la protection de vos marques en Chine. Équipe franco-chinoise basée à Shanghai.
Accompagnement stratégique et juridique pour la protection de vos marques en Chine. Équipe franco-chinoise basée à Shanghai.
China applies the “first-to-file” principle, meaning the person who registers the trademark first is considered its owner, even without using it. It is therefore essential to act quickly, even before starting any business activity in the country. Failing to do so opens the door to trademark squatting, a widespread and costly practice to challenge.
Without official protection, another company can legally use your trademark, block your products from entering the Chinese market, or even sue you for infringement. Distributors and platforms often refuse to work with unregistered brands. This can block your sales, limit your communication, and seriously damage your brand image.
No, protection through INPI or the European Union (EUIPO) has no effect in China. The Chinese system is territorial and independent: a French registration is worthless without a filing with the CNIPA (China National Intellectual Property Administration). You must initiate a local procedure through an authorized representative.
Yes, it is recommended to create a Chinese version of your trademark (phonetic or semantic) to prevent a third party from registering a local equivalent in your place. The Chinese market operates with characters, and an untranslated brand often goes unnoticed. Registering both the original and the Chinese version ensures full protection.
The Chinese system is based on the Nice Classification but introduces a strict distinction by subclasses. For example, protection under class 33 for wine does not automatically include subclasses for spirits or accessories. A detailed analysis of your products/services and objectives is therefore essential to avoid gaps in protection.
Generally, you need to provide a copy of your passport (or K-Bis extract for companies), a signed power of attorney for the Chinese representative, and a representation of the trademark (word and/or logo). If the trademark already exists elsewhere, registration certificates from other countries can also be submitted to support priority claims.
The full process takes on average between 7 and 9 months. The application is published for a 3-month opposition period, during which any third party can file an objection. If there is no opposition or refusal, the registration is approved and the certificate is issued. It is highly recommended to monitor the process until official registration is completed.
Yes, there are legal monitoring services that track similar or suspicious filings. This surveillance allows you to react quickly in case of trademark hijacking attempts. Some firms also offer regular audits on Chinese e-commerce platforms to detect infringing products.
Registering a name (word mark) protects the spelling and pronunciation, but not the design. Registering a logo (figurative mark) protects only the visual appearance. It is common to register both, or a combined version. The choice depends on your brand strategy and the level of protection you seek.
A basic trademark filing in one class costs between €500 and €900 depending on the service provider. This includes CNIPA fees, translation, and local formalities. Additional costs apply for subclasses or a Chinese version of the trademark. A broader protection or full legal support can raise the total to between €1,200 and €2,000.
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