Is China a first-to-file trademark system?
Filing position is highly important in China. Earlier application generally has priority, subject to statutory rules on prior rights, bad faith, well-known marks and other exceptions.
Why it matters
Put the question in the right procedure and timeline
China trademark work is driven by filing position, the selected goods and services, and procedural stage. As of 29 July 2026, the 2019 Trademark Law remains operative; the revised 2026 law takes effect on 1 January 2027.
What changes the answer
What can change the answer
Do not wait for market entry if the mark and China plan are sufficiently settled. Search and file the core mark for the actual goods and services.
Do not act on the summary alone for a live matter. An official record, service date, document version, party identity or transitional rule can change the conclusion.
What to prepare
Prepare these three points
- 01
The earliest dated evidence of the mark, including product, website, distributor or trade-show use.
- 02
The exact Latin, Chinese and logo versions that matter commercially.
- 03
A prioritised goods and services list and the planned China launch date.
Next step
Apply the answer to your actual record
Search the proposed marks and identify conflicts by goods and services.
Check whether this fact changes the answer: Do not wait for market entry if the mark and China plan are sufficiently settled. Search and file the core mark for the actual goods and services.
Calendar examination, opposition, review and renewal milestones.
Official sources
Official sources used for this article
These links lead to original CNIPA, WIPO or Supreme People's Court materials. Check the latest text, effective date and matter-specific procedure when acting.
- CNIPA Trademark Law of the People's Republic of China, 2019 text
- CNIPA Official Q&A on bad-faith trademark applications
Prepared and checked by Zhiquan IP against the listed primary materials. Cross-check the organization and contact details on the Credentials page.