Hong Kong and Mainland China have separate trade mark systems. A Hong Kong registration gives no protection in the Mainland, and a Mainland registration gives none in Hong Kong. Mainland China operates a first-to-file system, so a business that sells, manufactures or licenses there should file early, including for its Chinese brand name.
Mainland trade marks are registered with the China National Intellectual Property Administration (CNIPA). Bad-faith filings can be challenged, but this is slow and costly.
At a glance
- Registry
- China National Intellectual Property Administration (CNIPA)
- System
- First to file
- Term
- 10 years, renewable
- File for
- English mark, Chinese name and logo
Key differences from Hong Kong
| Point | Hong Kong | Mainland China |
|---|---|---|
| Registry | Intellectual Property Department | CNIPA |
| Classification | Nice classes | Nice classes plus Mainland sub-classes, which affect scope of protection |
| Term | 10 years, renewable | 10 years, renewable |
| Non-use | Vulnerable after 3 years | Vulnerable after 3 consecutive years of non-use |
| Chinese characters | Registrable | Essential; consumers often use Chinese names |
Practical strategy
- Search the Mainland register before launching or manufacturing in the Mainland.
- File for the English mark, a Chinese name and the logo.
- Cover the sub-classes for your goods and services, and likely future products.
- Register before disclosing the brand to Mainland manufacturers or distributors.
- Include IP clauses in manufacturing and distribution contracts.
- Monitor for conflicting filings and oppose within the time limit.
Filing routes
- Direct filing with CNIPA through a qualified Mainland trade mark agent.
- Designation of China through an international registration under the Madrid system, where the applicant qualifies.
Questions we are often asked
Someone has already registered my brand in the Mainland. What can I do?
Options include negotiation, invalidation on grounds such as bad faith, or non-use cancellation if the mark has not been used for 3 years. These take time; specialist Mainland advice is needed.
Is a Hong Kong company able to own a Mainland trade mark?
Yes. Foreign and Hong Kong applicants file through a qualified Mainland trade mark agent.
How long does Mainland registration take?
Timelines vary with examination and any opposition. Your agent will confirm the current expected timetable when filing.
Self-check: where do you stand?
| Question | What to do |
|---|---|
| Do you sell, manufacture or license in Mainland China? | If so, plan a Mainland filing |
| Have you searched the Mainland register? | Search before launching |
| Do you have a Chinese brand name? | If not, choose and file one |
| Do contracts with Mainland partners address IP ownership? | If not, add IP clauses |
- Coordinating Mainland filings through trusted agents, with one point of contact.
- Aligning Hong Kong and Mainland portfolios and renewal dates.
- IP clauses in manufacturing and distribution arrangements, with lawyers.
In summary
- Hong Kong and Mainland systems are separate.
- First to file wins, so file early.
- Protect the Chinese name too.
Official references
- China National Intellectual Property Administration, www.cnipa.gov.cn
- Intellectual Property Department (Hong Kong), www.ipd.gov.hk