China
China is a member of the Paris Convention, the Patent Cooperation Treaty (PCT), the Madrid Agreement and Protocol for trademarks, and the Hague Agreement for industrial designs. Trademarks are protected for 10 years (renewable), patents for 20 years, and industrial designs for 15 years. The .cn country code domain is open to all applicants without local presence requirements. This page covers the filing requirements, legal basis, and key deadlines for protecting intellectual property in China.
GENERAL INFORMATION
Area: 9,600,000 sq. km.
Population: 1.410 billion (2024).
Capital: Beijing.
Language: Mandarin (official).
Currency: Renminbi (Chinese yuan).
GENERAL REMARKS
With the introduction of a socialist market economy, China’s foreign trade is run by import and export corporations, enterprises and manufacturers under various forms of ownership under the guidance of the Ministry of Commerce of the People’s Republic of China, and the competent authorities of the various provinces, autonomous regions and municipalities.
PATENTS OF INVENTION
LEGAL BASIS
- Patent Law of the People’s Republic of China, in force since April 1, 1985. Latest revision in force since June 1, 2021.
- Implementing Regulations of July 1, 2001. Latest revision effective from January 20, 2024.
MEMBERSHIP IN INTERNATIONAL CONVENTIONS
- Paris Convention, Stockholm Act, since March 19, 1985.
- Patent Cooperation Treaty (PCT), since January 1, 1994.
FILING REQUIREMENTS
- Power of Attorney (no legalization);
- Specification with claims and abstract (in English, German, French or Japanese for translation into Chinese);
- Drawings, if any (1 set of the formal drawings), size not exceeding 165 x 245 mm (for electronic filing);
- Certified copy of the basic application, if priority is claimed; can be filed within sixteen months from the earliest priority date;
- Assignment of priority rights (only if the applicant of the Chinese application differs from that of the first application), no legalization. It can be filed within sixteen months from the earliest priority date, but should be signed before the filing date of the Chinese patent application.
REMARKS
National Phase of PCT: under Chapter I: 30 months; under Chapter II: 30 months.
Validity: issued after a formal and full examination – 20 years from the filing date.
Annuities: after granting, the first annuity for the current year in which the patent was granted must be paid.
Opposition: any party may file observations regarding an application to CNIPA after the publication and before the announcement of patent grant.
TRADE AND SERVICE MARKS
LEGAL BASIS
- Trademark Law, in force since March 1, 1983, last amended on November 1, 2019.
- Implementing Regulations under the Trademark Law. Fourth Revision of May 1, 2014.
MEMBERSHIP IN INTERNATIONAL CONVENTIONS
- Paris Convention, Stockholm Act, since March 19, 1985.
- Madrid Agreement, since October 4, 1989.
- Madrid Protocol, since December 1, 1995.
FILING REQUIREMENTS
- Power of Attorney (no legalization);
- No print of the trademark label is needed;
- An extract from the Commercial Register or ID of the applicant (photocopy is acceptable);
- Priority document, if any (must be filed within three months after the filing date in China).
REMARKS
Kinds of protection: verbal, pictorial and other designations or their combinations, and sounds. Service marks are registrable.
Classification: International.
Obligation to use the registered mark: compulsory. Non use during any three-year period after the registration date may lead to cancellation.
Duration – renewals: 10-year periods from the registration date or last renewal date.
Opposition: any person may, within three months from the date of the publication (for international marks [Madrid]: starting on the first day of the month following the publication in “Les Marques Internationales”), file an opposition against the registration of the trademark. If no opposition is filed, or if it is decided that the opposition is not justified, registration is approved, a trademark certificate issued and the registered trademark published.
INDUSTRIAL DESIGNS
LEGAL BASIS
- Patent Law of the People’s Republic of China, in force since April 1, 1985. Latest revision in force since June 1, 2021.
- Implementing Regulations of July 1, 2001. Latest revision effective from January 20, 2024.
MEMBERSHIP IN INTERNATIONAL CONVENTIONS
- Paris Convention, Stockholm Act, since March 19, 1985.
- Hague Agreement, Geneva Act, since May 5 2022.
FILING REQUIREMENTS
- Power of Attorney (no legalization);
- Drawings or photographs of the design (6 orthographic views), max. 16.5 x 24.5 cm (for electronic filing);
- Indication of the name and address of the applicant, the name of the creator(s), and the nationality of the first creator;
- Title of the design;
- Brief description of the design;
- Certified copy of the basic application, if priority is claimed; can be filed within three months from the filing date.
REMARKS
Duration – renewals: after formal examination: 15 years from the filing date.
Opposition: not provided for.
DOMAIN NAMES
LEGAL BASIS
There is no specific legislation although some regulations on the organization and management of country code top-level domain names do exist.
FILING
- ccTLD: .cn
- Applicant: individuals and legal entities.
- Local presence: not required.
REMARKS
Duration – renewals: one to ten years, renewable for like periods.
Uniform dispute resolution procedure: available (variation of UDRP) before WIPO Arbitration and Mediation Center.
Frequently Asked Questions — IP Protection in China
What documents are required to register a trademark in China?
To register a trademark in China, the following documents are required: a Power of Attorney (no legalization needed), an extract from the Commercial Register or ID of the applicant (photocopy acceptable), and a priority document if applicable (must be filed within 3 months after the filing date in China). No print of the trademark label is needed.
Can I register a trademark in China through the international Madrid System?
China is a member of the Madrid Agreement (since 1989) and the Madrid Protocol (since 1995), so international registration via WIPO is also possible.
What kinds of trademarks may be registered in China?
In China, the following types of marks are registrable: verbal, pictorial and other designations or their combinations, and sounds. Service marks are also registrable. The classification follows the International Classification of Goods and Services.
How long is the trademark opposition period in China?
In China, any person may file an opposition within 3 months from the date of publication of the trademark application. For international marks registered under the Madrid system, the opposition period starts on the first day of the month following publication in "Les Marques Internationales". If no opposition is filed, or if the opposition is not justified, registration is approved and a trademark certificate is issued.
How long does trademark protection last in China?
Trademark protection in China lasts for 10-year periods from the registration date or last renewal date. Renewals can be filed for successive 10-year periods indefinitely.
Must a trademark be used in China?
Yes, use is compulsory. Non-use during any consecutive three-year period after the registration date may lead to cancellation of the trademark upon request by any interested party.
What are the routes for filing a patent in China?
China is a member of the Paris Convention (since 1985) and the Patent Cooperation Treaty (PCT, since 1994). Filing requirements include: a Power of Attorney (no legalization), a specification with claims and abstract (in English, German, French, or Japanese for translation into Chinese), drawings if any, and a certified copy of the basic application if priority is claimed (within 16 months from the earliest priority date). For PCT national phase entry, the deadline is 30 months under both Chapter I and Chapter II. Patents are valid for 20 years from the filing date after formal and full examination.
Can a patent application or granted patent be challenged in China?
In China, any party may file observations regarding a patent application with CNIPA (China National Intellectual Property Administration) after the publication of the application and before the announcement of patent grant. After grant, a patent may be challenged through invalidation proceedings before the Patent Re-examination Board of CNIPA.
When are patent annuities due in China?
In China, after granting, the first annuity for the current year in which the patent was granted must be paid. Subsequent annuities are due annually. Timely payment is essential to maintain the patent in force throughout its 20-year validity period. For current deadlines and practitioner guidance, consult Katzarov's Manual on Industrial Property.
How do I register an industrial design in China?
Industrial designs in China are protected under the Patent Law (latest revision in force since June 1, 2021). Filing requires: a Power of Attorney (no legalization), drawings or photographs of the design (6 orthographic views, max. 16.5 x 24.5 cm for electronic filing), the name and address of the applicant, name and nationality of the creator(s), a title and brief description of the design, and a priority document if applicable (within 3 months from filing date). China is a member of the Hague Agreement (Geneva Act, since May 5, 2022), allowing international registration. Protection lasts 15 years from the filing date after formal examination. Opposition to design patents is not provided for.
How do I register a .cn domain name?
The .cn domain is China's country code top-level domain (ccTLD). Both individuals and legal entities can register, and no local presence in China is required. Registration periods range from 1 to 10 years and are renewable. A variation of the Uniform Domain-Name Dispute-Resolution Policy (UDRP) is available before the WIPO Arbitration and Mediation Center.
Does the power of attorney need notarization or legalization in China?
In China, the Power of Attorney for patent, trademark, and design filings does not require legalization or notarization. A simply signed POA is sufficient for all IP filings with CNIPA.
Where can I search the Chinese trademark database?
The official Chinese trademark database is maintained by CNIPA and is available at wcjs.sbj.cnipa.gov.cn. The system includes an English interface option. For international marks registered through the Madrid system, you can also search the WIPO Global Brand Database.
Where can I search for patents in China?
CNIPA provides the Patent Search and Analysis System (PSS) at pss-system.cponline.cnipa.gov.cn, which supports multiple languages including English and covers patent data from over 100 countries. For checking application status, the CPQuery system is available at cpquery.cponline.cnipa.gov.cn.
What is the contact information for CNIPA (China IP Office)?
The China National Intellectual Property Administration (CNIPA) is located at No. 6 Xitucheng Road, Haidian District, Beijing 100088, P.R. China. Consultation hotline: (+86) 010-62356655. General telephone: (+86) 010-62083114. The English-language website is available at english.cnipa.gov.cn.
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