Meta Description:Foreign brands face unique IP risks in China, including trademark squatting and counterfeits. This FAQ explains how overseas companies can protect and enforce their IP rights in China.
1. Do we really need to register our trademarks in China?
Yes. China follows a largely “first‑to‑file” system for trademarks:
- Whoever files first generally gets priority, even if your brand is well known abroad.
- Without a Chinese trademark registration, your ability to stop counterfeiters or even your own distributors is very limited.
You should plan to file core marks and key classes as early as possible—ideally before large‑scale market entry.
2. What IP rights are most important for foreign brands?
For most consumer and technology brands, priorities are:
- Trademarks – for brand names, logos, and sometimes Chinese translations or nicknames
- Patents – invention patents, utility models, and design patents for products or technology
- Copyrights – for software, designs, marketing materials, and content
A tailored strategy should match your business model (e.g., manufacturing vs licensing vs online services).
3. Should we also register a Chinese name for our brand?
In practice, Chinese consumers and media will create a Chinese version of your brand name, whether you choose one or not. If you do not register it:
- Others may register a Chinese name that confuses consumers.
- You may have less control over your brand image and enforcement.
It is usually wise to select and register both an official Chinese name and transliteration/abbreviation strategies early on.
4. How can we monitor and stop trademark squatters?
Recommended steps:
- Set up watch services for new trademark filings similar to your marks (in English and Chinese).
- Oppose problematic applications during the opposition period.
- Use invalidation or cancellation actions against bad‑faith registrations already granted.
Evidence of prior use, reputation, and bad faith can be critical; local counsel can help gather and present it effectively.
5. What can we do about counterfeits on Chinese e‑commerce platforms?
Most major platforms have internal IP protection portals. A typical strategy is:
- Record your valid Chinese IP rights with the platforms.
- File take‑down requests against infringing listings with evidence.
- For serious or repeated infringers, consider administrative raids or civil lawsuits to obtain stronger deterrence.
Online enforcement works best as part of a broader anti‑counterfeiting program, not as a one‑off action.
6. How do we enforce IP rights offline (factories, markets, distributors)?
Options include:
- Administrative actions by market regulators, which can lead to raids, seizures, and fines.
- Civil litigation for damages and injunctions.
- In serious cases, criminal enforcement for large‑scale counterfeiting.
Choosing the right combination depends on your priorities: speed, deterrence, evidence, and cost.
7. How can Chinese IP counsel help foreign brands?
We assist by:
- Designing and implementing China IP filing strategies
- Monitoring and challenging bad‑faith filings
- Running online and offline enforcement campaigns
- Coordinating with brand owners, licensees, and distributors
- Integrating China IP strategy into global brand protection plans
If your brand is entering or expanding in China, our IP team can help you build a practical, enforceable protection program.