In Europe, registering your trademark may seem sufficient. But in China, that’s not the case. Many companies, even well-known ones, have learned the hard way that failing to register locally can lead to significant financial losses—or even a ban on using their own name. In China, trademark law is based on the “first-to-file” principle: whoever registers an available trademark first gets priority, regardless of any prior use abroad.
Real-life cases that give pause for thought
- MUJI: This Japanese brand was unable to use its name in mainland China for years. A Chinese company had already registered “无印良品”.
- Castel: The French wine giant had to pay over €3.8 million to a Chinese squatter who had registered the trademark “卡斯特” before them.
- Hermès: The brand fought for over 10 years to reclaim its Chinese name “爱马仕”, which had been registered before them by a local manufacturer.
These cases are not isolated. Every year, hundreds of foreign companies discover that their name is already being used in China—often in their own industry. This highlights the importance of a strategic filing with the CNIPA, China’s trademark authority.
No, registering with the INPI and/or EUIPO does not automatically cover China: these are two separate jurisdictions, with distinct legal systems. INPI / EUIPO protection ends at the borders of Europe. For a coherent strategy, it is therefore essential to register your trademark through a dedicated process in China.
