Filing & protecting IP in China as a foreign applicant
Foreign entities cannot file most China IP applications in their own name without a locally licensed agency. We act as that agent — and as the China associate your counsel already works with.
Overview
Most overseas businesses enter China IP through four paths: a national trademark or patent filing; a Madrid trademark designation; a PCT national-phase patent; or copyright (works) registration used as evidence. The right mix depends on what you sell, where you manufacture, and whether you already have a first filing abroad.
Do I need a Chinese agent?
Yes for almost all foreign applicants. Under China trademark and patent practice, an applicant without a habitual residence or business office in China must appoint a CNIPA-licensed Chinese agency. That appointment is the legal step that lets the application proceed — it is also why “filing yourself from overseas” is not a real option. Hexinli Patent Agency is CNIPA-registered, agency code 33273; OneWin IP Agency handles trademarks and copyright. One team, one English-speaking contact.
Trademarks in China
China uses the Nice Classification (45 classes). Protection is territorial: a China registration does not cover Hong Kong, Macao or Taiwan, and does not protect you in other countries.
| Item | Typical position |
|---|---|
| Official fees | CNIPA class-based official fees (plus any office action). We quote official vs professional fees separately. |
| Timing | A straightforward China trademark often takes about 7–9 months to registration if there is no refusal or opposition. |
| Documents | Applicant ID/corporate proof, a clear mark drawing, goods/services list, and a power of attorney (POA). Priority documents if you claim Paris Convention priority. |
| Common refusals | Prior similar marks, descriptiveness, and goods that are too vague. An appeal against refusal is available within a short statutory window. |
Patents in China
China grants invention patents, utility models and designs (industrial designs), including Hague designs where applicable. PCT is not “an international patent”: each national phase is examined locally.
| Route | What it is for |
|---|---|
| Paris Convention | File in China within the priority year (generally 12 months for invention/utility model, 6 months for design) based on a first filing abroad. |
| PCT national phase | Enter China from an international application, with a Chinese translation and within the China national-phase deadline (extensions and restoration are fact-specific). |
| After grant | Annuities, recordals, and Office Action (OA) responses during examination. PPH may be available in eligible cases. |
Copyright (works) registration
Copyright arises automatically on creation. Registration is voluntary, but the certificate is widely used as preliminary evidence for licences, platform complaints, customs and finance.
What we need from you
- Power of attorney (POA) — we send the China form; wet-ink or acceptable electronic execution as the procedure requires.
- Applicant identity: passport for individuals; certificate of incorporation / good standing for companies, with translation where CNIPA requires it.
- Priority documents and a certified translation when you claim priority.
- Technical disclosure (patents) or mark drawing and Nice-class list (trademarks).
- A short use/intended-use note if we are assessing distinctiveness or non-use risk.
Timelines at a glance
| Matter | Typical China timing (no dispute) |
|---|---|
| Trademark | About 7–9 months to registration |
| Invention patent | Often 2–3 years through examination |
| Utility model / design | Usually faster than invention; still official-queue dependent |
| Copyright recordal | Weeks to a few months |
| OA / refusal response | Statutory months or 15-day trademark appeal window — we calendar this on instruction |
Fees
We separate CNIPA official fees from professional fees. Quotes are issued in USD (or CNY) per matter, in writing, before we file. We do not publish a rate card with fixed dollar amounts on this site. Disbursements (translation, notarisation, courier) are billed at cost.
FAQ
Must a foreign company use a Chinese agent to file in China?
In almost every case, yes. Applicants without a habitual residence or business office in China must appoint a CNIPA-licensed Chinese agency for trademark and patent filings. That is a legal requirement, not a service preference.
Is PCT an international patent that covers China automatically?
No. PCT is a filing procedure. Protection in China still requires a Chinese national phase, a translation, and examination by CNIPA. Each country decides grant on its own law.
What is a China power of attorney (POA)?
It is the document that appoints the local agency. We send the correct form. Execution formalities (wet-ink, company chop, notarisation) depend on the procedure; we specify them in the instruction email.
A China trademark was refused. Is that the end?
Not necessarily. You may file an appeal against refusal within a short statutory period (often 15 days from receipt of the refusal). Evidence of use, distinctiveness or dissimilarity is usually required. Missing the window abandons the application.
Does a China trademark protect us worldwide?
No. Trademark rights are territorial. A China registration covers mainland China, not Hong Kong, Macao or Taiwan, and not the US, EU or Japan. Use Madrid or national filings for those markets.
How do we choose among invention patents, utility models and designs?
Technical methods and products with a high inventive step usually go to invention patents. Structural product improvements may fit a utility model. Appearance is a design (industrial design). One product can support more than one filing.
We already sold the product. Can we still file a China patent?
Possibly, but novelty is at risk. Public sale, exhibitions and online disclosure can destroy novelty except in narrow grace-period cases. Tell us the first public date before we advise.
Why register copyright if protection is automatic?
Registration is voluntary, but the certificate is widely accepted as preliminary evidence of ownership and date — for platform complaints, licences, customs and financing. It does not replace a trademark for brand protection.