How to Register a Chinese Trademark in the U.S.? A Complete Guide with Practical Tips

How to Register Your Chinese Trademark in the U.S. - A Comprehensive Guide and Practical Tips

With China’s continued economic growth and the acceleration of globalization, more and more Chinese brands are setting their sights on overseas markets. As one of the world’s largest consumer markets, the United States has naturally become a top destination for many companies looking to expand internationally. However, during the process of entering the U.S. market, trademark registration and protection are often overlooked yet critical steps. For companies using Chinese-language trademarks, understanding how to legally and effectively register and protect your brand in the U.S. is a matter worth careful consideration.

1. Why Register a Chinese Trademark in the U.S.?

In recent years, many Chinese companies have encountered trademark squatting when entering the U.S. market due to delayed registration. For example, in 2025, a well-known Chinese mobile phone accessory brand discovered that its core Chinese trademark had already been registered by someone else when trying to list products on a U.S. e-commerce platform, leading to significant losses.

A trademark is the legal embodiment of a brand and is both exclusive and territorial. This means that to be protected under U.S. law, you must register your trademark in the U.S., regardless of how well-known it is in China. Without registration, you won’t be able to stop others from using the same or similar marks.

Many Chinese companies sell products through platforms like Amazon, where intellectual property requirements are becoming increasingly strict. Having a registered trademark not only enhances brand image but also helps prevent infringement and protects your online store.

2. Basic Trademark Registration Process in the U.S.

Trademark registration in the U.S. is managed by the United States Patent and Trademark Office USPTO. The process generally includes the following steps

1. Trademark Search

Before submitting an application, conduct a thorough search to ensure your chosen trademark isn’t already registered or in use. You can use the USPTO’s free TSDR Trademark Status Document Retrieval system for this.

2. Determine Trademark Class and Description

The U.S. follows the Nice Classification system, which divides goods and services into 45 classes. Choose the appropriate class based on your business and clearly describe the goods or services you plan to cover. For example, clothing, electronics, and online retail services must be specified clearly.

3. Prepare Application Materials

This includes the trademark design for Chinese characters, provide a clear font style, applicant information individual or company name and address, a use-based or intent-to-use statement, and applicable fees.

4. Submit the Application

You can file online via the USPTO website. The typical processing time is 6 to 12 months. The USPTO will conduct both formal and substantive reviews. If issues arise, they may issue an Office Action requesting corrections or additional information.

5. Publication and Opposition Period

If the application passes review, the trademark will be published in the Official Gazette for 30 days. During this period, third parties can file an opposition. If no objections are raised, the trademark will be officially registered and a certificate issued.

6. Maintenance and Renewal

Trademarks are valid for 10 years. A Declaration of Use must be filed every 5 years, and a renewal application must be submitted between the 9th and 10th year.

3. Special Considerations for Registering Chinese Trademarks

Although the U.S. accepts trademarks in non-English languages, there are some specific issues to be aware of when registering a Chinese trademark

1. Translation and Transliteration Issues

Chinese trademarks usually require an English translation or transliteration when registering. The USPTO will assess whether the translation might cause confusion. It’s advisable to consult a professional attorney before filing to ensure accuracy and avoid infringing on existing rights.

2. Pronunciation and Meaning Review

Even if the trademark is purely in Chinese, the USPTO will still compare it based on pronunciation and meaning with existing registered trademarks. If a Chinese term is too similar in sound or meaning to an existing English trademark, it may be rejected.

3. Font and Design Protection

If you want to protect a specific font or design, you can apply in Stylized/Design format. Otherwise, registering the standard font version of the Chinese characters offers broader protection.

4. Evidence Requirements

If you're applying based on actual use, you must provide proof of use in U.S. commerce, such as product photos with the trademark, sales links, packaging labels, etc. If applying on an intent-to-use basis, you must submit a Statement of Use within 6 months after approval.

4. Practical Tips and Common Misconceptions

1. Register Early to Avoid Squatting

As mentioned earlier, trademark squatting is not uncommon in the U.S. It’s recommended to start the registration process at least 6 months before launching your product, especially if you plan to attend trade shows or launch a marketing campaign.

2. Consider Registering the English Version

Many Chinese brands choose to register both the Chinese trademark and its English translation or pinyin version. This helps reach more consumers and makes brand management more consistent.

3. Seek Professional Help

Although the USPTO website offers many self-help resources, for first-time applicants, hiring a U.S. attorney familiar with both Chinese and American intellectual property systems is highly recommended. They can help avoid risks and increase your chances of success.

4. Follow Usage Guidelines

After registration, strictly follow the goods and services categories listed in your registration. Expanding beyond these categories may result in the trademark being invalidated.

5. Monitor the Market Regularly

Use professional trademark monitoring services to detect possible infringements early. If you find someone imitating or misusing your trademark, take legal action immediately.

5. Conclusion

In today’s increasingly competitive global market, trademarks are not only symbols of a company’s image but also essential legal tools for protection. For Chinese brands aiming to expand into the U.S., registering a Chinese trademark is a fundamental and critical step. Only with early planning and strategic preparation can you stand firm in the fierce competition of the U.S. market.