Importers usually think about intellectual property after a problem: a supplier selling their design to a competitor, or a trademark squatter blocking their own shipments. In China both are preventable, but only if the steps happen in the right order and before designs are shared. The order is simple: register the trademark in China, sign a contract that Chinese courts will enforce, and tell Chinese customs what to look for.
Why registration comes first
China grants trademark rights to whoever files first, not to whoever used the mark first. A trademark registered in your home country gives you no rights in China. Squatters, and occasionally suppliers or distributors, register foreign brands in China and then demand payment, block exports bearing the brand, or sell under it themselves.
- File before you show products to factories. The moment a supplier sees your brand on artwork is the moment it can be registered by someone else.
- Claim priority if you can. Under the Paris Convention, a Chinese application filed within six months of your first filing elsewhere can claim that earlier date.
- Cover the right classes and subclasses. China uses the international classes but examines similarity by its own subclasses, so a filing that is broad elsewhere can leave gaps in China. Cover the goods you sell and the goods you have made.
- Consider a Chinese-language mark. If your brand will be known in China by a Chinese name, or a translation or transliteration is likely, register that too.
How long it takes
| Stage | Typical duration |
|---|---|
| Examination by the national IP office | A few months; the office has been examining faster in recent years |
| Opposition period after preliminary approval | Three months under the current law |
| Uncontested application to registration | Commonly around 12 to 18 months in total |
File early enough that the process is under way before your first order, even if registration completes later: the filing date is what secures priority.
Why a Western NDA is not enough
An English-language non-disclosure agreement under foreign law, with disputes to be heard in a foreign court, is difficult to enforce against a Chinese company with no assets abroad. It also usually addresses only confidentiality, while the risks that matter most in manufacturing are use of your design for other customers and approaching your customers directly.
The standard answer is an NNN agreement: non-use, non-disclosure and non-circumvention.
- Non-use: the factory may not make or sell your product, or products based on your designs, for anyone else.
- Non-disclosure: it may not reveal your designs, specifications or business information.
- Non-circumvention: it may not bypass you to sell to your customers or work with your other suppliers.
What makes an NNN agreement enforceable
- Chinese law and Chinese courts, ideally the court where the supplier is based, so a judgment can be enforced against its assets.
- A Chinese-language version that controls, or a Chinese-only contract with an English translation for reference.
- Specific definitions of the products, designs, drawings and moulds covered, with attachments where possible.
- A liquidated damages amount large enough to deter breach, so you do not have to prove your loss precisely.
- Signature by the correct legal entity, the one named on the business licence, with the company seal.
- Signature before you send designs. An agreement signed after the files were shared protects much less.
Moulds deserve their own clause: who paid for them, who owns them, where they are kept and whether they may be used for anyone else. We covered this in tooling and moulds: ownership and protection.
Customs recordal: stopping counterfeits at the border
China's customs authority inspects exports as well as imports. Once your trademark is registered in China, you can record it with Chinese customs, which can then detain export shipments that bear your mark without your authorisation. Recordal requires a Chinese registration: a foreign registration alone does not qualify. List your authorised manufacturers in the recordal so that your own shipments are not held.
Design protection
For products whose value is in their appearance, a Chinese design patent adds protection that a trademark does not. Design patents are examined relatively quickly and, since the patent law revision that took effect in June 2021, last up to 15 years from filing. They must be filed before the design is made public.
A practical sequence
- Search the Chinese trademark register for conflicts before choosing a brand for China.
- File the Chinese trademark, and the Chinese-language mark if relevant, before approaching factories.
- Sign NNN agreements with shortlisted factories before sending designs.
- File design patents for distinctive designs before launch.
- After registration, record the trademark with Chinese customs.
- Keep evidence: dated design files, correspondence and signed agreements.
Protection works alongside, not instead of, choosing trustworthy suppliers: verify the factory before paying a deposit, and structure payment terms so that you keep leverage. This article is general information rather than legal advice; for a specific product, use a qualified Chinese IP lawyer, and talk to us about fitting the steps into your sourcing timeline.