Protecting Your Brand in China: Trademark and IP Enforcement
China’s first-to-file system means registering trademarks early, monitoring filings, recording marks with customs, securing domain names and taking enforcement actions are key to protecting your brand.
China operates on a first‑to‑file trademark system, meaning that whoever registers a mark first generally owns it. Foreign companies must be proactive in protecting their brands.
Common risks include trademark squatting, counterfeit products, unauthorized distribution and domain name hijacking.
To protect your brand, register your trademarks early in both English and Chinese characters. Do not assume that a foreign registration will protect your mark in China.
Monitor new trademark filings and oppose any that infringe on your brand. Consider recording your registered trademarks with Chinese customs so officials can seize counterfeit goods at the border.
Secure relevant .cn domain names to prevent domain hijacking and ensure consumers can find your official site.
If infringement occurs, use the available administrative, civil or criminal enforcement options. Administrative actions through local intellectual property offices can be faster and less expensive than court litigation.
Working with experienced IP professionals helps you develop a comprehensive strategy for registering, monitoring and enforcing your rights in China.