Trademark Squatting in China: First-to-File, Fight, Buy Back or Rebrand (2026)
Someone else can own your brand in China without ever selling a unit. That is first-to-file, not a Hollywood heist — and it still freezes your factory.
Not legal advice. China is first-to-file. The 2026 Trademark Law revision (widely reported to commence 1 January 2027) tightens hoarding and use duties — confirm the State Council date before you quote a new deadline.
China awards the register to the first valid filer, not the first user abroad. Twenty years of US or EU use usually does not stop a local application. Squatting is not “theft” in the criminal-code sense, but bad-faith filings and hoarding can be refused, opposed or invalidated — and the 2026 revision is written to squeeze those files further. Once you find a squat you choose among fight (opposition / invalidation / non-use), buy back, or rebrand for China. Shipping OEM goods under a mark you do not own here is how containers get detained. The cheapest move is still to file before the gold sample.
Not automatically. Bad-faith / hoarding is an administrative and civil attack.
Does overseas use save me?
Rarely, unless you have a well-known or other prior-right theory that actually fits.
Three paths?
Fight, buy back, or China-only rebrand.
OEM risk?
A squatter can block export manufacture. See the customs page.
2026 law?
Tighter hoarding / use rules expected 2027-01-01 — confirm commencement.
OEM export can still be blocked. File before drawings.
Scope and legal framework
Trademark Law (first-to-file / current Art. 31 lineage). Where two applicants claim the same mark on the same goods, the earlier China application is preliminarily approved. Foreign filing dates help only if you used the Paris / Madrid system correctly.
Trademark Law (good faith / bad-faith applications). Applications filed in bad faith or without intent to use can be refused, opposed or invalidated. 2026 revision text expands hoarding and agency-misconduct themes — cite the article in force on the day you file.
Customs + OEM interface. A China registration lets the owner record the mark with Customs. That is why a squat is not “just a paper problem.” Detail: OEM / customs.
2026 revision tightens hoarding; confirm the commencement date.The checklist stays a checklist. Opposition SOP is the sister page.
Practical workflow
Search CNIPA (and Madrid designations) on the exact mark and class.
If still in the gazette window, open the opposition clock today.
China IP / trademarks:Zihang Duan, Songjiang Brand Law Firm — trademarks practice (directory profile). Cluster approved for publication; authorities section expanded post-approval to match family-cluster citation standard.
Last updated: August 2026 · Official fees and opposition periods can change — re-check CNIPA schedules before filing.
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This page is general information for orientation. It is not legal advice and does not create an attorney–client relationship.
Legal boundary: Prefer primary statutes, judicial interpretations, and official guidance when making decisions. Where this guide links to city hubs or lawyer listings, verify credentials and engagement terms directly with counsel. Full disclaimer · Request a consultation.
FAQ
Common questions
Quick answers for foreign nationals and employers. Rules vary by city and change over time.
Is trademark squatting illegal in China?
A first filing is lawful. A bad-faith or hoarding filing can be attacked. Do not call it “theft” in a CNIPA brief unless counsel has a criminal theory that actually fits.
We used the brand overseas for years — isn’t that enough?
Usually no. Prior-right and well-known theories exist; they are evidence wars, not a default.
Should we always fight instead of paying?
No. Launch date, class coverage and the squat’s paper quality decide. Paying without an assignable registration is how you pay twice.
Consultation preparation
What to prepare before contacting counsel
Send a focused first package so counsel can check conflicts, understand scope, and identify urgent deadlines.
A concise timeline and the result you want to achieve.
Names of all parties and affiliates for a conflict check.
Key contracts, notices, correspondence, filings, or decisions.
Known deadlines, preferred language, location, and budget constraints.
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