In China, a brand without a trademark is a gift to your competitors.

For a Wholly Foreign-Owned Enterprise (WFOE) in China, trademark registration is not just a branding exercise—it is a critical legal shield. China operates on a "First-to-File" system, meaning whoever submits the application first generally owns the rights, regardless of who used the brand first globally.

Below is the detailed 2025/2026 guide for WFOEs to navigate the China National Intellectual Property Administration (CNIPA) requirements.

1. Key Requirements for WFOE Applicants

As a WFOE, you have a distinct advantage: you can apply as a Domestic Legal Entity, which is often faster and more integrated than applying as an overseas company.

• Applicant Identity: You must provide a copy of your Chinese Business License (营业执照) with the 18-digit Unified Social Credit Code.

• Chinese Name Requirement: While your trademark can be in English, the applicant's name on the form must match the Chinese name of your WFOE exactly.

• Power of Attorney (POA): If you use a trademark agency (highly recommended), you must sign a formal POA. For a WFOE, this usually just requires the company "Chop" (Official Seal).

• Class Selection: China uses the Nice Classification system (45 classes). However, China further divides these into Sub-classes. You must select specific items within these sub-classes to ensure full coverage.

2. Step-by-Step Registration Process

The typical timeline for a smooth application in 2026 is 9 to 12 months.

1. Preliminary Search (1-2 Days):

   Before filing, conduct a thorough search in the CNIPA database. This identifies "prior similar marks" that could lead to a rejection.

2. Formal Submission:

   Submit the application electronically via the CNIPA portal.

3. Formality Examination (approx. 1 Month):

   CNIPA checks if the documents are complete and the fees are paid. If passed, you receive an Acceptance Notice (受理通知书).

4. Substantive Examination (6-9 Months):

   An examiner reviews the mark for "distinctiveness" and checks for conflicts with existing trademarks or prohibited symbols (e.g., national flags).

5. Preliminary Approval & Publication (3 Months):

   If the examiner approves, the mark is published in the Trademark Gazette. This is the "Opposition Period" where third parties can challenge your claim.

6. Registration & Certification:

   If no one opposes your mark within 3 months, CNIPA issues the Electronic Trademark Certificate.

3. Critical "Pro" Tips and Pitfalls

A. The "Sub-class" Trap

In the West, registering in a "Class" (e.g., Class 25 for Clothing) often covers everything in that category. In China, if you register "Hats" but forget "Shoes" (a different sub-class), a "squatter" could legally register your brand name for shoes. Always cover all relevant sub-classes.

B. Develop a Chinese Brand Name

If you don't choose a Chinese name for your brand, the local market (or a squatter) will choose one for you. Registering a transliteration (based on sound) or a translation (based on meaning) alongside your English logo is essential for total protection.

C. The "Non-Use" Risk (Three-Year Rule)

If you do not use your registered trademark in China for three consecutive years, any third party can apply to have it cancelled (known as a "Cancellation for Non-Use" or "San Wu"). Keep records of your marketing materials, invoices, and participation in trade fairs as evidence of use.

D. Registered Capital vs. IP Costs

Ensure your WFOE's "Business Scope" includes activities related to the trademark you are registering. While trademark costs are low (approx. 270–300 RMB per class for official fees), the legal cost of fighting a squatter later can be tens of thousands of dollars.

Strategic Summary for [www.hirelawfirm.com]

"In China, a brand without a trademark is a gift to your competitors."