China works on a first-to-file basis: whoever registers a trademark first usually owns it there. Protect your product before you share it. Register your trademark in China, including a Chinese-language version. Sign an NNN agreement with every factory. File design protection before you show the product publicly. Split production where it matters, and keep control of your moulds and specifications.
Why China needs its own plan
A trademark registered in your home market does not protect you in China. China follows a first-to-file system, so the first party to file a valid application generally owns the mark, according to the EU's China IP SME Helpdesk. If a supplier, distributor or opportunist files your brand name first, they can block your goods or demand payment for it.
None of this means you should avoid China. It means the protection has to be in place before the first drawing leaves your desk.
Five protections
1. Register your trademark in China, early
File before you approach factories. Register three versions: your brand name in Latin letters, a Chinese-character version, and your logo. A Latin-letter registration does not cover a Chinese name, and a Chinese name will often be given to your brand by the market whether you choose one or not. Check how any Chinese name reads in local dialects before you commit to it.
2. Sign an NNN agreement with every factory
An NNN agreement covers three things: non-disclosure (the factory keeps your information confidential), non-use (it does not make your product for anyone else) and non-circumvention (it does not go around you to sell to your customers or your channel). Have it drafted in Chinese and English by a lawyer who knows Chinese law, so it can actually be enforced where the factory is.
3. File design protection before you show your product
A design patent protects how a product looks: its shape, pattern or colour. In China it must be new, which means not disclosed anywhere before you file. Showing your product at a trade fair, on social media or on a crowdfunding page first can cost you the right to protect it. File, then show.
4. Split production where it matters
If no single factory makes your whole product, no single factory can copy it. Splitting key components across suppliers, and assembling or packing elsewhere, is a practical safeguard for a distinctive design.
5. Own your moulds and your specifications
Your agreement should say that custom moulds you paid for belong to you, cannot be used for anyone else, and will be released to you on request. Keep the full specification pack yourself: materials, dimensions, finishes and packing details.
How we approach it at the Studio
Our IP starter pack covers China trademark filing through a local agent, bilingual NNN agreements for every supplier, and splitting components across factories where it makes sense. We put it in place before your designs are shared. No one can guarantee outcomes, and we never claim to; what we can do is close the most common gaps early. This article is general guidance, not legal advice.
Questions founders ask
Does my trademark at home protect my brand in China?
No. Trademark protection is national. You need to register in China, either directly or by extending an international registration to China.
Do I need a Chinese brand name?
It is strongly advisable to register one. A Latin-letter registration does not protect a Chinese version of your name, and the market may give your brand a Chinese name anyway.
What is an NNN agreement?
A contract with a manufacturer covering non-disclosure, non-use and non-circumvention. It is designed to be enforceable in China, unlike a typical Western NDA.
When should I file for design protection?
Before your product is shown anywhere: online, at a trade fair or on a crowdfunding page. In China a design must be new at the time of filing.
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