Existing user? Sign in
Share your needs with us, get contacted by law firms.
Free. Takes 2 min.
Trademarks in Foshan are governed by national Chinese trademark law and implemented locally through Foshan municipal authorities and Guangdong provincial agencies. In practice, trademark registration, examination and granting of exclusive rights are handled at the national level by the China National Intellectual Property Administration - CNIPA. Local bodies in Foshan handle administrative enforcement, market supervision, consumer complaints and coordination with customs and courts. China operates a first-to-file system, which means the first person or company to register a trademark normally receives exclusive rights to that mark for the goods or services listed in the registration.
Registered trademarks give the owner an exclusive right to use the mark for the registered classes and to stop infringing use. The usual registration term is 10 years from the registration date, and registrations are renewable for additional 10-year terms. Foreign applicants can file directly with CNIPA, or use the Madrid Protocol system for international trademark filings - China is a member of that system.
Trademark issues often require legal help because they involve complex procedural rules, deadlines and evidence requirements. Common situations where a lawyer is helpful include:
- Filing strategy and class selection - choosing the right classes and drafting the application to maximize protection while avoiding refusals.
- Prior rights and clearance - conducting and interpreting trademark searches and advising on risks of conflicting prior marks.
- Responding to office actions - preparing arguments against absolute or relative grounds refusals raised by CNIPA.
- Oppositions and opposer defense - representing you in opposition proceedings after a mark is published for opposition.
- Enforcement and anti-counterfeiting - bringing administrative or civil enforcement actions in Foshan, coordinating with customs, or pursuing online takedowns.
- Licensing, assignment and transactions - drafting and reviewing license agreements, transfers and coexistence agreements.
- Non-use cancellation and maintenance - preparing evidence of use to defend against cancellation actions or to support renewal.
Because procedures are time sensitive and the legal framework is specific to China, a lawyer with experience in Chinese trademark practice and local knowledge of Foshan enforcement channels can significantly improve outcomes.
Key legal aspects relevant to trademarks in Foshan include:
- National Trademark Law and Regulations - Trademark registration, rights, grounds for refusal, invalidation and opposition procedures are governed by the Trademark Law of the People’s Republic of China and implementing regulations. CNIPA conducts substantive examination and registration.
- First-to-file principle - Trademark rights are primarily based on registration rather than prior use. Timely filing is critical.
- Absolute and relative grounds for refusal - Absolute grounds include lack of distinctiveness or deceptive signs. Relative grounds include likelihood of confusion with earlier registered or applied-for trademarks.
- Publication and opposition - After preliminary acceptance, applications are published for a statutory opposition period during which third parties can oppose registration.
- Non-use cancellation - Registered marks that have not been used for three consecutive years may be vulnerable to cancellation for non-use.
- Enforcement avenues - Owners can use administrative enforcement via the Market Supervision Administration at municipal or provincial level, civil litigation in people’s courts, or criminal prosecution in severe counterfeiting cases. For Guangdong province, complex or higher value IP civil cases may be dealt with by a specialized IP court in Guangzhou.
- Customs protection - Rights holders can apply to record their trademarks with Chinese customs for border measures against imports or exports of infringing goods.
- International filing - China accepts Madrid Protocol international registrations designating China, but local procedures and substantive examination still apply.
From filing to registration, a straightforward trademark application without opposition or substantive refusal typically takes about 9 to 12 months. Delays can occur if CNIPA raises objections, if there is an opposition, or if procedural issues arise.
Yes. Foreign companies can file trademarks in China either by filing directly with CNIPA through a China-licensed trademark agent, or by using the Madrid Protocol to extend an international registration to China. A local agent or lawyer is required to act as the applicant's representative in most procedural steps.
First-to-file means the first party to register a trademark generally gets exclusive rights to use that mark for the registered goods or services. This makes early filing essential, especially in fast-moving markets or for desirable brand names, because prior use outside China may not protect you if another party registers the same or a confusingly similar mark.
Do a clearance search to identify potential conflicts, decide on the classes of goods or services you need using the Nice Classification, and prepare a clear representation of the mark. Consider whether Chinese characters, pinyin, a logo, or color elements are part of your protection strategy. Consult a local trademark lawyer or agent for strategic advice.
Yes, China allows non-traditional marks such as color marks, device marks and three-dimensional marks, but the applicant must demonstrate distinctiveness. These types of marks often face stricter scrutiny, and it can be beneficial to provide evidence showing distinctiveness and use in commerce.
You can initiate administrative enforcement with the Foshan Market Supervision Administration to request seizure of infringing goods and fines, or bring a civil lawsuit in a people’s court seeking an injunction, damages and destruction of infringing goods. For large-scale counterfeit operations, criminal prosecution may be possible. A lawyer can help choose the best route based on the facts.
Monitor online marketplaces and social media for infringing listings. Use platform complaint and takedown procedures provided by e-commerce platforms. For persistent issues, coordinate civil or administrative actions and consider customs recordation and takedown orders. Working with local counsel helps navigate platform processes and enforcement authorities in Foshan.
After CNIPA publishes an accepted trademark application, there is a statutory period during which third parties may file an opposition to challenge registration. Oppositions must be based on legal grounds such as likelihood of confusion or prior rights. If an opposition is filed, proceedings are administrative and involve exchange of submissions and evidence.
Yes. If a registered trademark has not been used for three consecutive years for the goods or services listed in the registration, any interested party may file for cancellation for non-use. Use must be demonstrated with supporting evidence that meets CNIPA or court requirements.
Trademark registrations last 10 years and are renewable for subsequent 10-year terms by filing a renewal application and paying fees before the expiry date. Trademarks can be assigned or licensed; assignments require recordation with CNIPA and licensing can be registered to create additional legal certainty. Local counsel can assist with correct filings and documentation.
Helpful government bodies and organizations for trademark matters in Foshan include:
- China National Intellectual Property Administration - national authority for trademark filing, examination and registration.
- Foshan Municipal Market Supervision Administration - local administrative enforcement, complaints and market regulation.
- Guangdong Provincial Administration for Market Regulation - provincial level authority coordinating IP enforcement in Guangdong.
- Guangzhou Intellectual Property Court - specialized court handling significant or complex IP disputes in Guangdong province.
- Chinese customs - for filing to record trademarks to obtain border enforcement against imports and exports of infringing goods.
- Local chambers of commerce and industry associations - can provide practical business guidance and referrals to experienced local IP professionals.
If you need legal assistance with a trademark in Foshan, consider the following practical next steps:
- Conduct a clearance search - either through a qualified trademark agent or a lawyer to identify potential conflicts and reduce risk.
- Decide filing strategy - choose the right classes, decide whether to register word marks, device marks, Chinese characters or pinyin, and consider Madrid Protocol use if applicable.
- Retain a qualified PRC trademark lawyer or licensed agent - look for experience with China filings, local enforcement in Foshan and Guangdong, and a track record in oppositions or litigation if enforcement may be required.
- Prepare evidence of use and documentation - keep invoices, marketing materials, packaging and screenshots to prove use if needed for enforcement or defense against non-use cancellation.
- Monitor the market - set up watch services to detect new filings or use of confusingly similar marks and act quickly if infringement appears.
- Plan enforcement - if you find infringement, decide whether to seek administrative action, civil litigation or platform takedowns based on scale and evidence. Your lawyer can advise on costs, timelines and likely outcomes.
Taking prompt, informed steps and working with local counsel will help you build and protect trademark rights effectively in Foshan and across China.
