China operates on a ​”first-to-file” system, meaning trademark rights are granted to whoever files first, regardless of prior use or international ownership. Without registration:

• ​Risk of trademark squatting: Bad-faith actors often pre-register foreign brands (e.g., Apple and New Balance lost millions due to squatters).
• ​No legal recourse: Unregistered trademarks lack enforcement rights against counterfeiters or infringers.
• ​Market entry barriers: E-commerce platforms like Tmall require valid Chinese trademarks for seller accounts.
  Key advice: File early, ideally before market entry, and conduct a comprehensive search using the CNIPA database.

The streamlined process includes:

1. ​Preliminary search: Check the CNIPA database for conflicts, focusing on both Chinese characters (汉字) and transliterations (拼音).
2. ​Application filing: Submit through the China Trademark Office (CTMO) or Madrid System for international extensions. Include:
   • Exact trademark design (text, logos, 3D shapes, or color combinations).
   • Goods/services classified under China’s ​subclasses (e.g., “footwear” and “boots” are distinct subclasses).
3. ​Examination and opposition:
   • CTMO reviews in ~8 months. If approved, a 3-month opposition period follows.
   • Respond to objections (e.g., similarity to existing marks) with evidence or amendments.
4. ​Registration and renewal: Valid for 10 years, renewable indefinitely.

For global brands:

• ​Madrid Protocol pros: File one application covering 130+ countries, cost-effective for multi-market protection.
• ​Madrid Protocol cons: Dependency on the “basic mark” (cancellation in the home country voids all international registrations).
• ​Localized requirements:
  • ​Chinese translations: Mandatory for market entry (e.g., “Starbucks” → 星巴克/Xingbake).
  • ​Cultural nuances: Avoid unlucky numbers (e.g., “4” resembles “death” in Chinese).
    Hybrid strategy: Combine Madrid filings with direct CTMO applications for critical markets like China.