What Licenses Do I Need for Trademark in China?
To register a trademark in China, you do not need a business license unless you are a foreign entity filing directly — in that case, a valid business license (营业执照, business license, yíngyè zhízhào) or equivalent corporate registration certificate is required. Since 2019, China has allowed foreign applicants to file trademark applications without a Chinese business license if they use the Madrid System or appoint a local agent; however, for direct national filings, a foreign company must provide a notarized copy of its home-country business registration. Individual Chinese applicants need a personal identity card (身份证, identity card, shēnfènzhèng), while foreign individuals need a passport plus proof of address. The China National Intellectual Property Administration (CNIPA) processed 9.45 million trademark applications in 2023, and the average registration takes 9–12 months with a success rate of roughly 55–65% for first-time applicants.
Who Can Apply for a Chinese Trademark?
Under China’s Trademark Law (商标法, Trademark Law, shāngbiāo fǎ), both Chinese and foreign entities can apply. For Chinese companies, the required license is a valid business license that matches the applicant name exactly. For Chinese individuals, a personal identity card plus a business license for self-employment (个体工商户营业执照, individual business license, gètǐ gōngshānghù yíngyè zhízhào) is mandatory — individuals cannot register trademarks as natural persons without a commercial registration.
Foreign applicants have three paths: (1) direct filing through a licensed Chinese trademark agent (required by law — no foreign entity can file directly in China without an agent), (2) filing under the Madrid System designating China, or (3) filing through a Chinese subsidiary that holds a local business license. In all cases, the documentation must include a power of attorney (委托书, power of attorney, wěituōshū) and a copy of the applicant’s business registration certificate, notarized and often legalized or apostilled depending on the country of origin.
The key distinction is that China does not require a “trademark license” as a separate permit — the trademark registration certificate (商标注册证, trademark registration certificate, shāngbiāo zhùcè zhèng) issued by CNIPA itself is the only proof of ownership. No additional operational license is needed to own or enforce a trademark, though using the ® symbol before registration is illegal and can result in fines up to RMB 10,000.
Required Documents for Trademark Application
The table below summarizes the documents and licenses required for different applicant types when filing a trademark in China directly with CNIPA.
| Applicant Type | Required License / Document | Additional Requirement | Estimated Cost (CNIPA Fee) |
|---|---|---|---|
| Chinese company | Business license copy (sealed) | Company chop on application form | RMB 270 per class (electronic filing) |
| Chinese individual | Identity card + individual business license | Proof of business activity | RMB 270 per class (electronic filing) |
| Foreign company (direct) | Home-country business registration (notarized) + power of attorney | Must use a licensed Chinese trademark agent | RMB 270 per class + agent fees (RMB 1,000–3,000) |
| Foreign individual | Passport copy + proof of foreign address | Notarized translation if not in Chinese | RMB 270 per class + agent fees |
| Madrid System applicant | Basic registration from home country + WIPO filing | No Chinese agent needed for filing | CHF 653 (basic fee) + CHF 100 per class for China designation |
Note: The RMB 270 fee per class applies to electronic filings for one trademark in one class. For additional classes, add RMB 270 per class. Paper filings cost RMB 300 per class. Agent fees vary widely — expect RMB 1,500–5,000 for a standard application with one class.
Licenses for Using a Chinese Trademark After Registration
Once you obtain the trademark registration certificate, no further license is needed to use the mark on your products or services. However, if you plan to license your trademark (商标许可使用, trademark licensing, shāngbiāo xǔkě shǐyòng) to a third party in China, a trademark license agreement must be filed with CNIPA for recordal. Failure to record the license makes it unenforceable against third parties. The fee for recording a license is RMB 135 per trademark if filed electronically.
For companies operating in regulated industries — such as food, pharmaceuticals, or cosmetics — the trademark owner must also hold the appropriate production license (生产许可证, production license, shēngchǎn xǔkězhèng) or operating license (经营许可证, operating license, jīngyíng xǔkězhèng) from the relevant Chinese authority. For example, a food company using a trademark on packaged goods must have a food production license (食品生产许可证, food production license, shípǐn shēngchǎn xǔkězhèng). The trademark itself does not replace these industry-specific licenses.
If you are a foreign company manufacturing abroad and selling into China via cross-border e-commerce, you do not need a Chinese production license to own a Chinese trademark — you only need the trademark registration. But if you build a factory in China, the 外商独资企业 (WFOE, wholly foreign-owned enterprise, wàishāng dúzī qǐyè) or joint venture must hold the relevant operational licenses to manufacture and sell products under that trademark.
Decision Framework: Which Filing Path Fits Your Situation?
If you already have a registered trademark in another Madrid System member country and want cost-effective and straightforward protection, choose the Madrid System route. If you need a trademark quickly (e.g., before a product launch) or your home country is not in the Madrid System, choose direct filing via a Chinese agent. If you hold a Chinese subsidiary with a business license, choose direct filing in the subsidiary’s name — this eliminates notarization requirements for the parent company documentation.
3 Common Pitfalls in Chinese Trademark Licensing and Documentation
Frequently Asked Questions About Trademark Licenses in China
Do I need a Chinese business license to file a trademark?
If you are a foreign company filing directly or through a local agent, you do not need a Chinese business license for the application itself — but you must provide a notarized copy of your home-country business registration. If you want to own the trademark in the name of your Chinese WFOE, that entity must hold a valid Chinese business license.
Can a foreign individual file a trademark in China?
Yes. A foreign individual can file a trademark application by providing a copy of their passport and proof of foreign address (e.g., a utility bill or bank statement). A Chinese agent must handle the filing. No Chinese residence permit or business license is required.
What happens if I don’t have the right license when filing?
CNIPA will issue a deficiency notice (补正通知, correction notice, bǔzhèng tōngzhī) and give you 30 days to correct the issue. If you fail to respond, the application is deemed abandoned. If the deficiency is invalid (e.g., no business license at all), the application is rejected.
Is a trademark license transferable?
A trademark registration is an asset that can be assigned (商标转让, trademark assignment, shāngbiāo zhuǎnràng) separately from the business. The assignment must be recorded with CNIPA and requires a notarized assignment agreement. The fee is RMB 135 per trademark per class for electronic filing.
NEXT STEPS
- Assess your filing route: Read our Madrid vs. Direct Filing Comparison to decide which path saves time and cost for your portfolio.
- Prepare your documents: Download the CNIPA trademark application checklist from our Trademark Application Checklist to ensure your business registration and power of attorney are correctly notarized.
- Engage a licensed Chinese agent: For a direct filing, you must use a CNIPA-approved agent. See our How to Choose a Chinese Trademark Agent guide for vetting criteria and typical fee ranges.
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