A registered trademark is a trademark approved for registration by CNIPA. Under Article 3 of the Trademark Law, a trademark approved for registration by CNIPA is a registered trademark, including product trademarks, service trademarks, collective marks, and certification marks; the trademark registrant enjoys the exclusive right to use it, protected by law. This distinction determines entirely different legal protection for registrants and unregistered users.
The two characters for "registration" are not procedural decoration—they determine whether the rights holder can thereafter prohibit others from use.
Registration-Based System: Rights Arise upon Approved Registration
China adopts a registration-based system for trademark rights, not a use-based system, and three practical rules extend from this:
- The source of rights is the act of approved registration, not facts of use. Article 4 requires applicants to apply for registration based on the needs of production and business activities, and bad-faith applications not intended for use shall be refused; Article 7 requires that application for registration and use of trademarks follow the principle of good faith;
- The first applicant wins. Article 31 provides that where two or more applicants apply for registration of identical or similar trademarks on identical or similar goods, the trademark whose application was filed first shall be preliminary approved and announced;
- The time of acquiring the exclusive right is the date of approved registration, not the filing date or the announcement date.
Content of the Rights of a Registered Trademark
- Exclusive right: the exclusive use of the trademark on the designated goods or services;
- Right of prevention: the right to prohibit others from using identical or similar trademarks on identical or similar goods (Article 57);
- Right of disposal: the trademark may be assigned (Article 42) and licensed to others (Article 43), with changes, renewals, and other procedures handled accordingly.
The Position of Unregistered Trademarks
Unregistered trademarks are not unusable, but the law protects only a very limited part:
- No exclusive right: they cannot prevent others from using identical or similar signs on identical or similar goods;
- High cost of proof: if another party used the mark earlier and it has "gained a certain influence," its unlawfulness may be asserted under Article 32, but facts of prior use—time, scope, and influence—must be proven;
- Only indirect protection: ordinary unregistered trademarks may attempt protection under Article 6 of the Anti-Unfair Competition Law (product names, packaging, and trade dress with a certain influence) or under the Copyright Law, but fame and actual loss must be separately proven;
- Passive after being squatted: once another party registers first, continued use may be accused of infringement, leaving only the prior-use defense under Article 59(3)—continued use within the original scope, with an appropriate distinguishing mark possibly required.
Maintenance Obligations: Registration Is Not Forever
- Renewal: Article 39 provides that the term of a registered trademark is ten years from the date of approved registration; Article 40 requires renewal procedures within twelve months before expiry, with a six-month grace period if not completed in time;
- Use obligation: Article 49(2) provides that a registered trademark not used for three consecutive years without justified reason may be challenged by any entity or individual for cancellation; a registered trademark that becomes the generic name of its designated goods may likewise be cancelled;
- Standardized-use obligation: Article 49(1) provides that where a registrant, in using the registered trademark, alters the registered trademark, the registrant's name, address, or other registered particulars on its own initiative, the local department for industry and commerce administration shall order correction within a time limit; failure to correct upon expiry results in cancellation by CNIPA.
Practical Points
For small and medium-sized enterprises and e-commerce operators, the correct order is "name it—search it—apply—use it in a standardized way—preserve evidence—renew." Large-scale stocking and promotion before approval concentrate risk at two points: first, packaging materials and promotion investment are written off if the application is refused; second, complaints by prior rights holders take down links. Make trademark registration a gate before product launch, not a lesson after it.
How these concepts apply in specific cases still involves detailed differences; you may consult a registered agent via MyTMBee for case-specific analysis.