chinaonramp

Topic

China Trademark Squatting — Defensive Playbook

First-to-file principle, Class 1-45 coverage strategy, Chinese transliteration filing, opposition windows, non-use cancellation recovery.

By Mike · China-entry broker 9 min read

Why first-to-file flips the burden onto you

This section will be written by Wave 2B.

Class 1-45 coverage strategy — which classes squatters target

This section will be written by Wave 2B.

Chinese transliteration filing — pinyin, characters, both

This section will be written by Wave 2B.

Opposition windows and the 3-month publication period

This section will be written by Wave 2B.

Recovery via three-year non-use cancellation

This section will be written by Wave 2B.

What it costs and how long the recovery actually takes

This section will be written by Wave 2B.

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Frequently asked questions

Why does China use first-to-file?

Because the system rewards the act of registration, not the act of use. This is the opposite of US common-law trademark. Foreign brands lose this game by assuming overseas use protects them in China — it doesn't.

Can I file before I have a Chinese entity?

Yes, foreign-entity filing is allowed via the Madrid Protocol designation (faster, cheaper for multi-class) or direct CNIPA filing through a licensed agent. You don't need a WFOE first.

How fast can I recover a squatted trademark?

Three-year non-use cancellation: 12-18 months from petition to certificate (you wait out the squatter's 3-year clock first). Opposition during the 3-month publication: 18-24 months. Litigation: longer, more expensive, lower success rate.

What does this cost?

The quoted-pricing tile on the parent service page lists current per-filing fees. We update these annually and stamp the last-reviewed date on every page.

What documents do you need from us?

The exact document checklist varies by filing. Each guide includes a printable PDF checklist you can pre-flight before contacting us.

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