Best Trademark Lawyers in Xiamen

About Trademark Law in Xiamen, China

Trademarks in Xiamen are governed by the national Trademark Law of the People’s Republic of China and administered through national and local authorities. The China National Intellectual Property Administration - CNIPA - oversees trademark registration and examination at the national level. Local matters such as market supervision, administrative enforcement and customs recordal are handled by Xiamen branches of the State Administration for Market Regulation and Xiamen Customs. China operates a first-to-file registration system, uses the Nice Classification of goods and services, and recognizes a variety of mark types - including word marks, device marks, three-dimensional marks and certain non-traditional marks. A registered trademark in China generally lasts 10 years from the date of registration and is renewable for further 10-year periods.

Why You May Need a Lawyer

Trademark matters can be technical and fact-sensitive. You may need a lawyer or a qualified trademark agent in these common situations:

• Filing a first trademark application in China - navigating translations, class selection and formal requirements.
• Responding to an office action or refusal after examination.
• Opposing a published application or defending against an opposition.
• Challenging a fraudulent or bad-faith registration - invalidation actions or cancellation for non-use.
• Enforcing rights against infringers - choosing between administrative action, civil suit or criminal referral.
• Negotiating licenses, assignments, coexistence agreements or commercial contracts involving marks.
• Recording trademarks with customs to block counterfeit imports.
• Managing international filings and Madrid Protocol extensions to China.
• Collecting and presenting evidence of use for litigation or non-use cancellation defense.

A lawyer or experienced trademark agent provides legal strategy, manages deadlines, drafts legal submissions and represents you before CNIPA, administrative enforcement bodies and courts. They can also advise on local practice in Xiamen and help with Chinese-language communications.

Local Laws Overview

Key legal and procedural points relevant to trademarks in Xiamen are:

• Registration system - China follows a first-to-file approach. Priority can be claimed under the Paris Convention if you file within six months from a prior filing in another member country.
• Examination and publication - CNIPA conducts substantive examination. If accepted, the mark is published for a 3-month opposition period during which third parties can file oppositions.
• Grounds for refusal - include lack of distinctiveness, descriptiveness, being generic, or conflict with earlier marks. Relative grounds protect prior rights of earlier registrants or users.
• Duration and renewal - registration term is 10 years from the registration date and is renewable indefinitely in successive 10-year terms with timely filings and fees.
• Non-use cancellation - a mark may be vulnerable to cancellation if it has not been genuinely used in China for three consecutive years after registration and a third party petitions for cancellation.
• Enforcement routes - administrative actions through market supervision bureaus in Xiamen, civil litigation in people’s courts, and criminal prosecution for serious counterfeiting. Remedies include injunctions, destruction of infringing goods, damages and fines.
• Evidence and damages - recent legal developments have increased the emphasis on stronger remedies and higher damages in clear cases of bad-faith registration and willful infringement. Collect and preserve sales, advertising and transactional records to support claims.
• Customs recordal - you can record trademarks with Xiamen Customs to enable border measures against infringing imports.
• International filings - China is a member of the Madrid Protocol, so international applicants may extend protection to China via the Madrid System, but local practice differences and national examination still apply.

Frequently Asked Questions

How do I register a trademark in Xiamen?

File an application with CNIPA or use a local trademark agent to submit on your behalf. The application should specify the applicant, provide a clear representation of the mark, select one or more classes under the Nice Classification and list the goods or services. After formal and substantive examination, an accepted mark is published for opposition. If no successful opposition is filed, the mark proceeds to registration and a certificate is issued.

How long does the registration process normally take?

From filing to registration, typical timeframes range from about 9 months to 18 months for straightforward cases. If there are refusals, oppositions or other complications the process can take longer. Madrid System extensions can have different timelines due to national examination.

Can a foreign individual or company file in China?

Yes. Foreign applicants may file directly with CNIPA or use the Madrid System to extend an international registration to China. If you do not have a presence in China, you will generally need to appoint a local trademark agent or an attorney to handle filings and communications.

What does first-to-file mean for my brand?

First-to-file means that registration priority typically goes to whoever files an application first in China, regardless of whether another party had earlier use outside China. If you have already filed for the mark in another Paris Convention country, you can claim priority in China within six months of the first filing date.

Can I use my trademark in China before registering it?

You can use a mark before registration, but use alone gives limited protection under China’s first-to-file regime. Registered rights are the strongest form of protection. If you rely on prior use, you may face the burden of proving continuous use and reputation in China if challenged.

What should I do if someone else registers my brand in China?

Options include filing an opposition during the publication period, requesting invalidation through CNIPA’s Trademark Review and Adjudication Board on grounds of bad faith or priority, bringing civil litigation for infringement and passing off, or seeking administrative enforcement. Act quickly - there are time limits for oppositions, appeals and evidence collection.

How do I enforce a trademark in Xiamen?

Enforcement options include administrative raids and injunctions through Xiamen market supervision authorities, civil lawsuits in the people’s courts for damages and injunctions, and customs enforcement for imported infringing goods. The correct route depends on your commercial goals, the evidence available and the nature of the infringement.

What are the typical costs involved?

Official filing fees for a single-class application are relatively modest. Agent or attorney fees can vary depending on experience and service package. Opposition, invalidation and litigation costs rise substantially and depend on complexity. It is common to obtain an estimate from a local attorney before starting a dispute.

Should I register a Chinese-character version of my mark?

Yes - registering both your original mark and a Chinese-character version is advisable. Local consumers often encounter Chinese characters first, and a Chinese version may be registered by third parties if you do not protect that form of the mark.

How do I choose a trademark lawyer or agent in Xiamen?

Look for experience in trademark prosecution and enforcement in China, fluency in your required language, local presence or reliable local partners, clear fee structures and a written engagement agreement. Confirm whether the provider is a licensed PRC trademark agent or an attorney authorized to practice before CNIPA and courts.

Additional Resources

Useful organizations and government bodies to contact or research include:

• China National Intellectual Property Administration - CNIPA - for national registration and examination rules.
• Xiamen Municipal Market Supervision Administration - handles local administrative enforcement and market regulation issues.
• Fujian Provincial Intellectual Property Office - regional intellectual property policy and support.
• Xiamen Customs - for customs recordal and border enforcement against infringing imports.
• China Trademark Review and Adjudication Board - for appeals and invalidation proceedings.
• People’s courts - civil and criminal remedies are pursued through the local courts when needed.
• China Trademark Association and professional IP service providers - for industry guidance and best practices.
• World Intellectual Property Organization - WIPO - for information about the Madrid System and international filings.

Next Steps

If you need legal assistance with a trademark matter in Xiamen, follow this practical plan:

1. Conduct a preliminary clearance search - identify potential conflicts and check existing registrations in China.
2. Decide on the exact mark format - include any Chinese-character version, logos and stylized forms.
3. Choose the correct classes and prepare a clear list of goods and services tailored to your business activities in China.
4. Consult a qualified local trademark attorney or registered agent in Xiamen - discuss strategy, timelines and estimated fees.
5. File the application or file a Madrid extension to China if applicable, and monitor the application status closely during examination and publication.
6. Record your trademark with Xiamen Customs if you import or expect counterfeit imports.
7. Keep careful records of use, sales, advertising and distribution in China to support enforcement or defense against cancellation for non-use.
8. If you detect infringement, collect evidence quickly and consult your lawyer about administrative action, civil litigation or customs measures.
9. Plan renewals well before expiration and maintain documentation for licensing and assignments.

Disclaimer - This guide provides general information about trademarks in Xiamen, China. It is not legal advice. For advice tailored to your situation, consult a qualified trademark lawyer or registered trademark agent with experience in Chinese practice.