Trademark registration processes in China and Japan

Trademark regulations and prosecution processes in China and Japan involve distinct legal frameworks and requirements for brand protection.

In China, the trademark system is primarily ‘first-to-file,’ meaning ownership is generally granted to the first party to register a mark rather than the first to use it. Foreign applicants without a mainland business address must appoint a CNIPA-recognised agency to file. While a registration with the China National Intellectual Property Administration (CNIPA) covers mainland China, it does not extend to Hong Kong, Macau, or Taiwan, which maintain separate registries. A revision to China’s Trademark Law, passed on 26 June 2026, is set to take effect on 1 January 2027, aiming to tighten rules regarding non-use and bad-faith filings.

In Japan, the Trademark Act governs the registration and protection of marks to uphold business reputations and consumer interests. Registrable trademarks include words, logos, three-dimensional shapes, colors, sounds, and motions. The Japanese Patent Office (JPO) oversees the examination process, ensuring that marks serve their primary function of distinguishing goods and services while enforcing specific restrictions on what cannot be registered.