European Brands in China: Trademark Protection Guide

European brands face significant trademark challenges in China's first-to-file system. This guide covers protection strategies and enforcement options.

China's First-to-File System

Unlike many European countries, China awards trademark rights to the first applicant, not the first user. This creates risks:

• Trademark squatters may register your brand first
• Prior use abroad doesn't guarantee rights in China
• Must register before entering the market

Registration Strategy

What to Register

• Latin alphabet version of your brand
• Chinese character version (transliteration or translation)
• Logo and design elements
• Key product names

Class Selection

China uses the Nice Classification system. Consider:

• Core classes for your products/services
• Defensive registrations in related classes
• Classes commonly targeted by squatters

Fighting Trademark Squatters

Opposition

If a squatter's application is still pending, you can file an opposition within 3 months of publication.

Invalidation

For registered trademarks, seek invalidation based on:

• Bad faith registration
• Prior rights (well-known trademark status)
• Similarity to your existing marks

Non-Use Cancellation

After 3 years, you can cancel a trademark for non-use if the squatter hasn't used it.

Enforcement Options

Administrative Actions

• Market Supervision Administration raids
• Customs recordation and seizures
• E-commerce platform takedowns

Civil Litigation

• Injunctions against infringers
• Damages compensation
• Destruction of infringing goods

E-Commerce Protection

For online counterfeits:

• Register with platform IP protection programs
• Monitor listings regularly
• File takedown notices promptly
• Consider test purchases for evidence