Short answer: you are not out of options, but the clock matters. Depending on where the other party’s filing stands, you can oppose it, apply to invalidate it as a bad-faith registration, cancel it for non-use, or negotiate to buy it back. The best route depends on the filing dates, whether the squatter is a former partner, and whether they are actually using the mark. Then file your own marks, including a Chinese-character version, so it cannot happen again.
China grants trademark rights to whoever files first, not whoever used the brand first. That is why companies planning to expand into China often find their name already taken, sometimes by a distributor, sometimes by a professional squatter who files popular foreign brands to sell them back.
Step 1: Find out exactly what was filed
Search the China National Intellectual Property Administration (CNIPA) records for your brand name, logo and any Chinese-language versions. Note for each filing:
- Who filed it, and whether they have any link to you (distributor, agent, supplier, former partner).
- The filing, publication and registration dates.
- Which classes and subclasses it covers. China examines by subclass, so a filing may overlap only part of your business.
- Whether the filer holds many other well-known foreign brands, which points to bad faith.
Step 2: Choose your route
If it is not yet registered: oppose it
Once the application is published, there is a short window to file an opposition. This is usually the cheapest and fastest point to stop a squatter, which is why watching for filings matters.
If it is registered: apply to invalidate it
Chinese trademark law allows registrations to be invalidated where they were filed in bad faith, such as stockpiling marks with no intention to use them, or where an agent or representative registered its principal’s mark without authority. Time limits apply to some grounds, so check dates early.
If the owner is not using it: cancel for non-use
A registration that has not been used in China for three consecutive years can be challenged for non-use. Squatters often hold marks without trading under them.
If time or evidence is short: negotiate
Buying the mark back can be the fastest commercial fix, especially if your launch date is fixed. Negotiate from strength by preparing the legal challenge at the same time.
Step 3: Protect the rest of your brand now
- File your English mark, logo and a Chinese-character name you choose, across the subclasses you need.
- Cover the markets you will enter next, such as Hong Kong, Taiwan and ASEAN, before announcing expansion.
- Put trademark ownership terms in every distributor, agent and manufacturing agreement.
- Set up a watch so you see new filings in time to oppose them.
How JCIP helps
JCIP International handles China trademark work for Malaysian and regional companies as part of a single cross-border portfolio. We check what has been filed, advise on whether to oppose, invalidate, cancel or negotiate, coordinate the filing in China, and register your marks so the next market does not repeat the problem.
WhatsApp JCIP if your brand has been filed in China, or before you expand there.
Frequently asked questions
Is China a first-to-file country for trademarks?
Yes. In China the trademark generally belongs to whoever files first, regardless of who used it first elsewhere. Foreign companies should file before entering the market or announcing plans.
Can I stop someone who registered my brand in China in bad faith?
Often, yes. Depending on the facts and dates, you can oppose the application, apply to invalidate the registration for bad faith or for an agent registering its principal’s mark, or cancel it for three years of non-use. Acting early keeps more options open.
Do I need a Chinese-character trademark?
Yes, if you sell in China. Customers and sellers will create a Chinese name for your brand. Registering your own stops others from claiming it.
Does my Malaysian trademark protect me in China?
No. Trademarks are territorial. You need a registration in China, filed directly with CNIPA or through the Madrid Protocol designating China.
How long does it take to get a squatted trademark back?
Oppositions and invalidations can take a year or more. A negotiated buy-back can be faster. Timing depends on the route and the other party’s response.