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What an overseas business should prepare before filing

Getting startedPublished · Updated
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TLDR
Choose the person or company that should own the China registration as the applicant. The filing agency represents that applicant; it does not become the owner merely by handling the filing.

A clean filing starts with five decisions: who owns the mark, which route to use, what mark to file, which goods or services to cover, and who will receive official notices.

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Fix the applicant, mark, and scope first

  • Applicant: use the company, organization, or individual that should own the registration. Names and addresses should match the supporting identity document.
  • Mark: settle the exact wordmark or image. A materially different logo or Chinese-character name is a separate mark to evaluate.
  • Scope: identify the goods and services the business sells or plans to sell, then choose the exact filing items rather than stopping at a class number.

Keep the owner and filing agent separate

The applicant is the person or company seeking the China trademark right. If your business is intended to own the China registration, name that business as the applicant. A distributor, supplier, employee, or other local partner should not become the applicant merely because it helps with China market entry unless that ownership is deliberately intended.

Representation is a different role. Under the current Trademark Law, a foreign applicant that falls within the domestic agency requirement uses a legally established Chinese trademark agency to handle the filing while remaining the applicant itself. Ginbing follows that structure: Ginbing handles the filing as the trademark agency; you or your company is the applicant named in the application.

Choose the route and verify the filing entity

A direct CNIPA application and a Madrid designation are different routes. Direct filing stands as a national application in China. Madrid begins with a qualifying home application or registration and may suit a broader multi-country portfolio. Compare the actual countries, classes, fees, and five-year dependency before choosing.

For a direct filing, a foreign applicant without habitual residence or a place of business in China generally uses a legally established trademark agency. Confirm the filing entity on CNIPA’s public agency inquiry and ask how official correspondence will reach you.

Prepare the record and the notice workflow

Prepare the applicant identity document, mark file, selected classes and items, any priority details, and the name and style used to create the editable filing signature material. Review every field before submission because the CNIPA record will reflect the filed applicant and scope.

After filing, keep the original Chinese notice, its translation, the issue date, and any deadline together. Ginbing places those materials in the signed-in order. When the checklist is complete, start a direct CNIPA filing.

Read the durable filing references in Docs, or open Support.