The Asian-International Trade & Investment Association (AITIA) is dedicated to supporting Thai entrepreneurs in expanding their businesses globally. While the Chinese market offers immense opportunities, the critical first step before launching sales or entering business matching negotiations is protecting your brand’s intellectual property.
Here are 4 essential facts about trademark registration in China that every Thai business must know:
1. The Golden Rule: The “First-to-File” System China operates strictly on a “first-to-file” basis. Regardless of how famous your brand is in Thailand, if you haven’t registered your trademark in China, you are highly vulnerable to others registering it before you. Early registration is crucial.
2. Beware of Trademark Hijacking & The Importance of a Chinese Name “Trademark hijacking”—where individuals register foreign brands to sell them back at a premium—is a real threat. To safeguard your brand, proactive registration is key. Additionally, creating and registering a Mandarin brand name is highly recommended. It not only prevents bad-faith actors from registering a transliteration of your brand but also significantly enhances brand recognition among Chinese consumers.
3. Registration Channels Entrepreneurs have two primary pathways to secure trademark protection in China:
- Path A (The Madrid System): Filing an international application through Thailand’s Department of Intellectual Property (DIP) to the World Intellectual Property Organization (WIPO). Ideal if you plan to expand to multiple countries.
- Path B (The National System): Filing directly with the China National Intellectual Property Administration (CNIPA) through a licensed local trademark agent.
4. Enforcement: What to Do If Infringement Occurs If you discover unauthorized use of your trademark, you have several avenues for enforcement:
- Negotiation: Initiating dialogue to reach a preliminary settlement.
- Administrative/Legal Action: Filing a complaint with the State Administration for Market Regulation (SAMR) or pursuing litigation in Chinese IP courts.
- Online Notice & Take Down: If infringing products appear on e-commerce platforms, you can use the platform’s reporting system to have the listings removed immediately.
Pre-Entry Checklist:
- [ ] Conduct a comprehensive trademark search.
- [ ] Accurately define your product and service classes.
- [ ] Prepare a strong Mandarin brand name.
- [ ] Continuously monitor your trademark registration status.
Be Prepared Before You Expand Whether you are gearing up for cross-border e-commerce expansion or preparing for upcoming business matching events and trade expos, a registered trademark is your ultimate shield. AITIA is here to partner with Thai SMEs, providing the guidance needed to enter the Chinese market securely and successfully.
