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Trademarks in Chengdu are governed by the national Trademark Law of the People’s Republic of China and related regulations and judicial interpretations. Trademark rights in China are obtained primarily through registration with the China National Intellectual Property Administration - CNIPA. Once registered, a trademark grants the owner exclusive rights to use the mark in respect of the registered goods or services across mainland China, including Chengdu. Local enforcement and administrative handling in Chengdu are carried out by city and provincial market supervision and regulation authorities, while civil disputes are heard by people’s courts with IP divisions or tribunals. China is a member of the Madrid Protocol, so foreign applicants can file via international registration or file a national application through a local agent.
Trademark matters frequently require legal help because they combine technical administrative procedures, litigation options, and strategic business decisions. Common situations where a lawyer is useful include:
- Trademark clearance and risk assessment before you invest in a brand, product packaging, domain name, or marketing campaigns. A lawyer helps identify conflicting registrations and likely areas of conflict.
- Preparing and filing applications correctly across the appropriate Nice classes and drafting clear specifications of goods or services.
- Handling oppositions, refusals, office actions, and appeals to the Trademark Review and Adjudication Board - TRAB - or CNIPA.
- Enforcing rights against infringers through administrative complaints to the local Administration for Market Regulation, civil lawsuits in Chengdu courts, or criminal referral in severe counterfeiting cases.
- Negotiating and drafting trademark licenses, assignment agreements, coexistence agreements, and settlement terms.
- Managing trademark portfolio maintenance - renewals, recordation of transfers or licenses, and dealing with non-use cancellations.
- Cross-border issues including Madrid filings, foreign owner representation, customs recordation to block imports infringing your mark, and domain name disputes.
Key points of Chinese trademark law and local practice that are particularly relevant in Chengdu:
- Registration Principle - China follows a first-to-file system. Rights generally belong to the registered owner, not necessarily the first user. Priority is given to the first filed valid registration for identical or confusingly similar marks in the same class.
- Application Process - After filing with CNIPA, applications go through formalities check and substantive examination. If accepted, applicants are published for opposition for three months. If no opposition or if opposition fails, the mark proceeds to registration.
- Oppositions and Appeals - Third parties can oppose a published application. Refusals and other CNIPA decisions can be appealed to the Trademark Review and Adjudication Board and then to people’s courts.
- Non-use Cancellation - A registered mark can be cancelled if it has not been used for three consecutive years without valid reasons and a cancellation action is filed by an interested party.
- Remedies and Damages - Enforcement can be pursued administratively or in court. Civil remedies include injunctions, damages, destruction of infringing goods, and account of profits. Recent legal developments have strengthened damages and made punitive damages available in serious infringement cases.
- Bad-faith Filings - The law targets trademark squatting and bad-faith registrations. If a registration is made in bad faith, it can be invalidated or transferred in certain circumstances.
- Local Enforcement Bodies - In Chengdu, local Administration for Market Regulation offices handle many administrative enforcement complaints and seizures. Civil suits are generally heard in the local people’s courts, and appeals can go to Sichuan higher courts. Specialized IP divisions or tribunals may handle complex cases.
- Foreign Applicants - Foreign individuals and entities may apply through the Madrid Protocol or via a local Chinese agent. Proof of identity or priority documents may be required for priority claims.
Registration is done at the national level with CNIPA. Start with a clearance search, prepare applicant identity documents, choose the correct Nice classes and clear specifications, and file the application. After formal acceptance and substantive examination, the mark is published for a three-month opposition window. If successful, registration is granted and the certificate issued. Local Chengdu authorities do not issue national registrations but can assist with administrative enforcement once you are registered.
Yes. Foreign applicants can file through the Madrid Protocol or file directly through CNIPA via a Chinese trademark agent. For priority claims based on an earlier foreign filing, you must submit certified priority documents within the required time limits. Using a local agent or lawyer is strongly recommended to manage formalities and communications.
For a straightforward national application, registration often takes around 9 to 18 months but timelines vary based on examination workload and any objections or oppositions. Once registered, protection lasts for 10 years from the date of registration and can be renewed for successive 10-year terms upon timely payment of renewal fees.
Without registration, your remedies are limited but still possible if you can prove prior use and that your mark has acquired reputation or goodwill. You may have unfair competition or passing-off claims under China’s Anti-Unfair Competition Law. However, securing a registration is the most effective way to protect your brand going forward. A lawyer can evaluate evidence and recommend enforcement or a filing strategy.
If opposed after publication, you can submit a written defense and evidence to CNIPA. If CNIPA issues a refusal, you can request a review with the Trademark Review and Adjudication Board - TRAB - and ultimately appeal to the people’s court. A lawyer can draft persuasive arguments, gather evidence of use or distinctiveness, and manage deadlines for appeals.
Enforcement options include: filing an administrative complaint with the Chengdu Administration for Market Regulation to seek investigations, seizures, fines and stoppage of infringing activity; bringing a civil lawsuit in people’s court for injunctions, damages and destruction of infringing goods; and requesting customs recordation to block imports. The best route depends on the facts - a lawyer can advise based on scale, urgency and evidence.
Common evidence includes registration certificates, proof of use such as invoices, sales records, advertising and marketing materials, screenshots, packaging and labels, witness statements, and expert reports on confusion or reputation. For bad-faith filings you may need proofs such as prior use dates or communications showing intent to squat. Proper collection and preservation of evidence is crucial.
Yes. You can and often should register Chinese character versions, translations, romanizations and device marks if you use or plan to use them in China. Different forms may be treated as distinct marks, so consider registering variants to strengthen protection and avoid conflicts with similar Chinese name registrations.
Under the first-to-file principle, someone else may register your brand in China and obtain exclusive rights, potentially blocking your use, preventing your imports, or forcing you to negotiate or litigate to recover rights. Not registering exposes you to the risk of having to purchase your own trademark back, losing market access, or facing enforcement actions against your products.
Fees vary by firm and matter - routine filings and simple prosecutions are generally lower-cost, while litigation, complex oppositions or cross-border matters cost more. Choose a lawyer or firm with clear experience in Chinese trademark law, a record of handling matters in Chengdu or Sichuan, transparent fee structures, good client communication and the necessary Chinese registrations or licenses to practice. Ask for examples of similar matters, fee estimates and a written engagement letter.
Useful institutions and resources to consult when dealing with trademarks in Chengdu and China:
- China National Intellectual Property Administration - CNIPA - the national body responsible for trademark examination and registration.
- Trademark Review and Adjudication Board - TRAB - handles administrative appeals of CNIPA decisions.
- Chengdu Administration for Market Regulation - local authority that handles administrative enforcement, investigations and seizures in Chengdu.
- Sichuan Provincial Administration for Market Regulation - provincial oversight and enforcement.
- Local people’s courts and IP divisions - for civil litigation and appeals at the intermediate and higher people's court levels in Sichuan.
- World Intellectual Property Organization - WIPO - for information on the Madrid Protocol and international registrations.
- China Trademark Association and local IP service centers - for professional guidance, training and practical support.
- Licensed Chinese IP lawyers and specialized law firms in Chengdu - for direct legal representation and advice.
If you need legal assistance for trademarks in Chengdu, consider these practical next steps:
- Conduct a preliminary clearance search to identify potential conflicts and help choose a registrable mark.
- Decide whether to file nationally with CNIPA or via the Madrid Protocol, and whether to include Chinese versions or device marks.
- Engage a qualified trademark attorney or agent based in Chengdu or with proven China experience. Request a written engagement letter that explains fees, services and timelines.
- Prepare required documents - identity information, power of attorney if using an agent, a clear sample of the mark, and a precise list of goods or services in the appropriate classification.
- If you have an existing problem such as infringement, gather and preserve evidence immediately - sales records, photos, packaging, online screenshots and any communications with the alleged infringer.
- Monitor the application and marketplace after filing. Set calendar reminders for renewal deadlines and watch for potential oppositions or third-party filings.
- If enforcement is needed, weigh the options of administrative action, civil litigation or negotiated settlement. Discuss the strategy, costs and expected outcomes with your lawyer before proceeding.
Getting professional advice early will improve the chances of securing enforceable rights and avoiding costly disputes. In Chengdu, as elsewhere in China, careful preparation and proactive management of your trademark portfolio are key to protecting your brand.
