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Why foreign applicants must use a CNIPA-recorded agency

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TLDR
Foreign applicants without habitual residence or a place of business in China must use a legally established trademark agency. Ginbing’s self-service product is for applicants outside mainland China and uses its own CNIPA-recorded agency.

A foreign person without habitual residence in China, or a foreign enterprise without a place of business in China, must file through a trademark agency, and this page explains the rule and what a recorded agency actually is.

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When Article 18 makes the agency mandatory

申请商标注册或者办理其他商标事宜,可以自行办理,也可以委托依法设立的商标代理机构办理。外国人或者外国企业在中国申请商标注册和办理其他商标事宜的,应当委托依法设立的商标代理机构办理。

A person may register a trademark or handle other trademark matters on their own, or appoint a trademark agency established under the law. A foreign national or foreign enterprise registering a trademark or handling other trademark matters in China must appoint a trademark agency established under the law.

Trademark Law of the PRC (2019 revision), Article 18

Article 18 states the agency rule. Article 5 of the Implementing Regulations defines the foreign persons and enterprises covered by that rule. CNIPA’s current foreign-applicant guide explains the direct-filing route for a foreign national with habitual residence in China. Read the 2019 Trademark Law, the Implementing Regulations, and CNIPA foreign-applicant guide.

The agency is part of how a filing works, not a markup on top of it. For where this sits in a real filing, see what you need to file, and for the money side, the China trademark pricing.

A recorded agency is on CNIPA’s official register

A “legally established trademark agency” is one recorded on CNIPA’s official agency register. Being a lawfully formed company is not enough; the entity has to be on that register before it can act for you.

You can choose any recorded agency you like. The register is public, so you can look one up and confirm it is listed before you hand over a filing, which is the most reliable way to tell a genuine agency from a look-alike. For the rest of the vetting checklist, see how to choose a China trademark agency.

Ginbing files through its own recorded entity

Ginbing LLC operates this website and your account. China trademark filings are submitted by Ginbing (Suzhou) Trading Co., Ltd. (金并(苏州)贸易有限公司), the CNIPA-recorded agency on the official register. Its filing work is included in the per-class price, not billed as a separate line.

You do not have to take that on trust. Confirm the record yourself:

  1. Open CNIPA’s public agency inquiry.
  2. Search for 金并(苏州)贸易有限公司.
  3. Confirm the entity appears on the official agency record.
  4. Check that your filing is handled by that entity, not an unknown third party.

Ready to file? A China trademark is USD 150 per class, with the CNIPA fee and up to 10 goods or services items included. Start a filing.

Questions? [email protected]