Tiếng Việt
中文 (中国)
日本語
China is a major export destination for Vietnamese businesses, but it is also where many have lost control over their Vietnam trademarks, fallen victim to preemptive filings by local partners, or encountered complex legal obstacles in asserting their intellectual property rights. To succeed in this market, Vietnamese companies need a clear trademark registration strategy and a deep understanding of China’s distinct legal system.
A Different Approach to Trademark Rights: First-to-File
China strictly adheres to the “first-to-file” principle, meaning that trademark rights belong to the first entity that files an application—regardless of whether the mark has been used or not. This has led to many Vietnamese brands losing their marks to local entities who registered them first, even after years of commercial use.
This makes it imperative for Vietnamese businesses to file their trademark applications in China as early as possible—ideally before launching exports, signing franchise deals, or conducting marketing in the country. Waiting until operations begin can result in the loss of brand control.
Language Barriers and the Need for Localization
Trademarks in China typically require localization—either through transliteration or translation into Chinese—to effectively connect with consumers. However, poor translation choices can cause confusion, carry negative connotations, or result in rejection due to similarity with existing marks.
Businesses should carefully select appropriate Chinese names and consider registering both the original and localized versions of their marks for comprehensive protection. Neglecting this linguistic aspect is a common pitfall that has led to many foreign brands losing their transliterated names to third parties.
Lengthy Examination Process and High Opposition Risk
Trademark registration in China can take 12 to 18 months and includes formal examination, substantive review, and a publication period during which third parties may file oppositions. In practice, the opposition rate—particularly for foreign marks—is relatively high, often based on perceived similarities with existing domestic trademarks.
Vietnamese businesses should prepare for potential opposition, including gathering evidence of prior use in China if applicable. Working with experienced local IP agents can help streamline the process and improve the chances of a successful outcome.
Strict Classification and Description Requirements
While China follows the international Nice Classification system of international trademark registration, it also imposes detailed sub-classification rules. If a business fails to describe its goods or services accurately or completely, the trademark may not be adequately protected—or worse, the application may be rejected altogether.
It is crucial to consult the Chinese National Intellectual Property Administration (CNIPA)’s classification guidelines before filing. Partnering with qualified representatives to draft the application correctly from the outset helps avoid costly amendments or refiling.
Challenges in Enforcement and Infringement Prevention
Even with a registered trademark, enforcement can be difficult without an active monitoring system and rapid response mechanism. Addressing counterfeits or infringements in China often requires navigating multiple government layers or pursuing civil litigation—both of which involve considerable time and expense.
Therefore, registration is only the first step. Businesses must combine legal protection with market surveillance, regular inspections, and partnerships with local enforcement experts to effectively defend their brands. Proactive preparation greatly reduces the risk of prolonged disputes or loss of rights.
Conclusion
Trademark registration in China demands more than just paperwork—it requires foresight, cultural sensitivity, and strategic legal planning. Vietnamese businesses aiming to thrive in the Chinese market must invest early in securing and enforcing their brand rights, ensuring that their growth abroad is built on a solid and protected foundation.
ASL Law is a leading full-service and independent Vietnamese law firm made up of experienced and talented lawyers. ASL Law is ranked as the top tier Law Firm in Vietnam by Legal500, Asia Law, WTR, and Asia Business Law Journal. Based in both Hanoi and Ho Chi Minh City in Vietnam, the firm’s main purpose is to provide the most practical, efficient and lawful advice to its domestic and international clients. If we can be of assistance, please email to [email protected].
ASL LAW is the top-tier Vietnam law firm for Intellectual Property Services. If you need any advice, please contact us for further information or collaboration.
