CHANYONDCHINA TRADEMARK DESK

GUIDE 10 · BEFORE FILING

What should an overseas IP firm collect before instructing China counsel?

Build an intake brief covering applicant, mark, goods and deadline.

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Direct answer

An overseas IP firm can make a China instruction more useful by sending a concise, non-confidential matter brief before transferring the complete case file. The brief should identify the applicant, exact mark, goods or services, intended route and any official notice or deadline. This allows China counsel or a trademark agency to scope the question without treating a short email as a complete instruction.

Record the applicant’s legal name and jurisdiction, plus whether it has a relevant business domicile in China. The CNIPA foreign-applicant FAQ explains the agency condition for a foreign company without a China business domicile and cautions that a branch or representative office is not automatically that domicile. State whether the client seeks a domestic China application or a Madrid designation, and whether an existing basic mark or foreign filing is involved. Do not presume one route is available simply because the client has a foreign registration.

Attach the exact word or drawing under discussion, including Chinese variants. List products and services in ordinary business language before attempting formal classification. Note relevant China sales, manufacturing or distribution arrangements where they affect name use or evidence. If a refusal, opposition or other official notice already exists, provide its number, issuing authority, document date and actual date of receipt for deadline verification.

Agree the handoff

Separate open questions from agreed facts. Identify the instructing firm’s contact, the client-facing contact and the person authorized to approve fees or scope. Agree confidentiality, conflict checks, translations, reporting format and the safe channel for full documents before sending private case materials. The CNIPA public-service guide can then be checked for the applicable forms and supporting materials. A useful brief reduces avoidable follow-up; it does not replace case review or create an attorney-client relationship by itself.

Official sources and scope

As checked on 2 November 2026, the 2019-amended Trademark Law is the current statutory text. The 2026 revised Trademark Law has been enacted but takes effect on 1 January 2027. For a matter crossing that date, check the applicable rule and final implementing measures. This is ChanYond’s independent explanation of public sources, not an official CNIPA statement or advice on a particular mark.

Primary topic sources checked 2 November 2026: CNIPA foreign-applicant guidance; CNIPA public-service guide

A MATTER TO DISCUSS?

Start with the applicant, mark and official notice.

Prepare a brief ↗