🚨 China Trademark Registration

Today Korean Social News for Beginners | 2026.02.23

0️⃣ Surge in K-Brand Counterfeits and the First-to-File Trap

📌 Fake Factories Keep Coming — "Register Your Trademark in China First"

💬 A factory in Guangdong, China was caught mass-producing counterfeit Korean cosmetic products. More than 310,000 fake items were seized — the largest amount ever found in a single factory raid. Recently, a new type of fraud has appeared: instead of just copying a product's look, some fakers pretend to be the official Chinese branch of a Korean company. Experts warn that even if a Korean brand has no plans to enter China, it must register its trademark there first. Without that registration, it is nearly impossible to legally stop fake production and sales.

💡 Summary

• China uses a "first-to-file" system — whoever registers a trademark first owns the rights, regardless of who actually created the brand.
• If you don't register your trademark, someone else can register it first and use it against you in court.
• Even without plans to sell in China, registering your trademark there is essential to block counterfeits.

1️⃣ Definition

China Trademark Registration means the process of officially applying to China's National Intellectual Property Administration (CNIPA) to gain the exclusive right to use a specific brand name or logo within China. Once registered, you can take legal action — including government raids and civil lawsuits — against anyone who makes or sells fakes using your brand.

China is one of the world's biggest producers of counterfeit goods. As Korean brands become more popular through K-beauty and K-food trends, demand for fakes grows too. Having a registered trademark in China is the key to taking real action: blocking fakes at customs, requesting removal of fake listings on online platforms, and asking authorities to raid illegal factories.

💡 Why does this matter?

• China's first-to-file system means the first person to register a trademark owns it — even if they didn't create the brand.
• Trademark brokers (people who register famous brands to sell the rights back) can lock out the real brand owner from using their own name in China.
• You can only ask online platforms to remove fake listings if you have a registered trademark.
• Counterfeits made in China often flow back into Korean and global online stores — registration helps stop this too.

2️⃣ Current Situation and Key Issues

📕 What Makes This Case Stand Out

• Counterfeit production is becoming more organized and large-scale. Key points:

  • The factory raided in Guangdong had over 310,000 counterfeit items — the most ever found in a single factory.
  • This is no longer just small sellers copying products; it's organized criminal operations with full production facilities.
  • Fakes don't just stay in China — they are sold globally through e-commerce platforms.
  • Counterfeit goods made in China are increasingly flowing back into Korean online stores.

• A new type of fraud called "impersonation faking" is growing. Key tactics:

  • In the past, fakers simply copied a brand's logo or packaging.
  • Now, some pretend to be the official Chinese branch of a Korean company.
  • Fake official accounts on social media and shopping platforms are deceiving consumers.
  • It is becoming harder and harder for consumers to tell real from fake.

📕 How the First-to-File System Creates Risk

• Whoever files first gets the rights — this is the core problem. Key causes:

  • China's trademark law gives rights to whoever registers first, not whoever created or used the brand first.
  • Trademark brokers exploit this by registering Korean brand names before the real companies do.
  • Once a broker registers your brand, your own company cannot legally use that name in China.
  • Getting it back requires paying a large sum or going through years of legal battles.

• You need to register even if you're not entering the Chinese market. Key reasons:

  • Fakes produced in China damage Korean brands at home and abroad.
  • Without a registered trademark, you cannot request factory raids or ask platforms to remove fake listings.
  • E-commerce platforms only process intellectual property complaints from registered trademark holders.
  • Registering early is far cheaper and faster than trying to fix problems after they happen.

💡 Key Issues in This Case

1. First-to-file trap: Not registering first means someone else can claim your brand name
2. Impersonation faking: A new fraud method where fakers pretend to be the real company's China branch
3. Reverse flow of fakes: Counterfeits made in China re-entering Korean online stores
4. Platform limits: Without a registered trademark, you can't request removal of fake listings
5. Lack of prevention: Acting before problems occur is far more effective than reacting after

3️⃣ What You Can Do

✅ Register Your Trademark Early

• Register before entering China — or before your brand becomes well-known. Key steps:

  • Even without China market plans, register early to protect against counterfeits.
  • The more popular your brand becomes, the more brokers will try to register it first.
  • Register across multiple product categories, not just your main one, to build a wider defense.
  • Register your brand name in Chinese characters too (phonetic and/or meaning-based), to block local fakes targeting Chinese consumers.

• Use government support programs. Key resources:

  • Korea's Intellectual Property Protection Agency (KOIPA) and KOTRA offer financial support for overseas trademark registration.
  • Small businesses especially should check government programs before paying out of pocket.
  • Work with a local Chinese patent attorney to make sure you file in the right categories.
  • After registering, regularly monitor for similar trademarks or infringement.

✅ How to Fight Counterfeits After They Appear

• Use your registered trademark as the basis for enforcement. Key steps:
  • Register your trademark with Chinese customs to block counterfeit imports and exports at the border.
  • File intellectual property complaints on platforms like Taobao and JD.com to remove fake listings.
  • Report violations to China's State Administration for Market Regulation to request official raids.
  • If the damage is large, you can file a civil lawsuit for financial compensation.

4️⃣ Key Terms Explained

🔎 First-to-File System

• The first-to-file system gives trademark rights to whoever registers first.
  • China's trademark law is based on this principle. Even if your brand is already well-known in another country, you have no legal protection in China unless you register there first.
  • This creates repeated problems with trademark brokers who pre-register Korean brand names and then demand payment when the real company tries to enter China. Korean food, cosmetics, and clothing brands have been victims of this for years.
  • South Korea uses a mixed system that also considers who actually used the brand first. But in China, registration equals rights — so local filing must come first.

🔎 Intellectual Property (IP) Infringement

• IP infringement means using someone else's trademark, patent, or copyright without permission.
  • Making and selling counterfeit goods is one of the clearest forms of trademark infringement. With a registered trademark, you can report to authorities, block customs, and sue for damages.
  • Without registration, even if the infringement is obvious, proving you're the rightful owner is difficult and time-consuming. Being recognized as a "well-known brand" requires a separate legal process.
  • Online platforms and social media have made IP infringement much easier, making digital trademark protection more important than ever.

🔎 Overseas Trademark Squatting

• Trademark squatting is when someone registers your brand name in another country before you do.
  • Trademark brokers target Korean brands that are becoming popular thanks to the Korean Wave (Hallyu). They register the brand name first, then demand large sums when the real company tries to enter China.
  • Getting your trademark back requires filing for cancellation or negotiating a buyback — both of which can take years and cost a lot.
  • The Korean government and KOTRA strongly recommend registering trademarks in China before entering the market, to prevent this from happening.

🔎 Customs IP Registration

• Customs IP registration lets authorities block counterfeit goods at the border.
  • If you register your trademark with China's General Administration of Customs, customs officers can notify you and seize any counterfeits they find during inspections.
  • This is an effective way to stop fakes from crossing borders. However, customs registration requires that your trademark is already registered with China's trademark office (CNIPA).
  • Korean companies can also register separately with EU and U.S. customs to block fakes across multiple global shipping routes.

5️⃣ Frequently Asked Questions (FAQ)

Q: Do I need to register in China if I have no plans to sell there?

A: Yes — registration is strongly recommended to protect against counterfeits.

• Fakes made in China often flow back into Korean and global online stores. Without a registered trademark, you cannot file complaints on e-commerce platforms or request factory raids.
• It's especially important to register before your brand becomes widely known. Once it's popular, brokers will try to grab it first — and recovering the rights later takes far more time and money. KOIPA and KOTRA offer programs to help cover the cost of overseas trademark registration.

Q: Can I get my trademark back if a broker already registered it?

A: It's possible, but it's difficult, slow, and expensive.

• Chinese trademark law has rules against bad-faith registration, so you can file for cancellation. Your chances are better if your brand is internationally well-known or if the broker's bad intent is clear.
• However, the process can take several years, and a full lawsuit can be very costly. Negotiating a buyback is another option, but brokers often demand large sums. The safest approach is to register early and avoid this situation entirely.

Q: How do I register a trademark in China, and how much does it cost?

A: You apply through a local Chinese patent attorney, and costs start at a few hundred dollars per category.

• You file with China's CNIPA, and the process typically takes 1–2 years from application to registration. You must apply separately for each product or service category you want to protect (based on the international Nice Classification system).
• The official filing fee is about 300 RMB (roughly 6,000 KRW or ~$40 USD) per category, but attorney and translation fees bring the real cost to several hundred dollars per category. Government support programs can significantly reduce this — check the Korean Intellectual Property Office (KIPO) and KOIPA websites for available assistance.

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