Trademark first. As soon as the brand name is finalized, you should file trademark applications in your target markets before spending on marketing and promotion. Building awareness with an unregistered trademark is gift-wrapping it for squatters — the louder the name, the higher the odds of being squatted and extorted.
Why the Trademark Must Come First
- Squatting is cheap, extortion is lucrative: professional squatters batch-monitor cross-border e-commerce best-seller lists; an application costs a few hundred yuan, which they resell through extortion for tens or even hundreds of thousands;
- Platform rules recognize registrations: Amazon Brand Registry, hijacker complaints and customs recordation all require a registration number; if your listings are taken down by complaints after marketing has gained traction, the loss far exceeds the registration fees;
- Most countries are first-to-file: China and most civil-law countries award the mark to whoever files first; the US emphasizes use, but registration is still the hardest evidence for enforcement.
The Practical Rhythm of "First"
- Naming stage: run multi-country trademark searches on candidate brand names and rule out any with obvious prior conflicts before finalizing;
- Within one week of finalizing the name: file the Chinese application plus applications in your core countries (US, EU, UK);
- Market warm-up period: use the pending trademark to complete Amazon Brand Registry early and secure your position;
- After sales ramp up: add registrations for new marketplaces, using Madrid subsequent designations to add countries.
Trade-Offs When Budget Is Tight
- If you can only afford one country: choose the marketplace country with the largest share of sales (usually the US);
- If you can only afford one class: choose the core class covering your main products;
- Do not gamble on "sell first and see" — the cost of oppositions, invalidations and negotiations after squatting is dozens of times the registration fee.
Exceptions
During a market-testing phase (a few weeks of small-batch product testing with no brand investment), you may test first and register later; but once you decide to operate the brand long-term, registration must be completed before promotion scales up.
In situations like this, it is advisable to consult a registered agent at MyTMBee first to assess whether a US trademark registration is needed before deciding on next steps.