IP protection is important but chronically underestimated foundational work for Chinese brands going global. Cautionary tales abound: Chinese brands that didn’t register trademarks overseas in time, with local businesses or “trademark trolls” registering them first — leaving the Chinese brand unable to use its own name in that market; or overseas Chinese sellers’ product designs counterfeited by competitors with no legal recourse.
## Trademark Registration
**Registration principles**: the US uses a use-based system (first-to-use prevails); China and most countries use a registration-based system (first-to-register prevails). In registration-principle countries, regardless of prior use, if a competitor registers first, you cannot use your brand name. This is why “register trademark before going global” is an iron rule.
**Key market registration recommendations**: US (USPTO) — applications take ~12–18 months, requiring US attorney representation (required for foreign applicants); registration principle is use-based, allowing Intent to Use (ITU) applications first. EU (EUIPO) — one application covers 27 member states; ~6 month review period. UK (IPO) — requires separate application post-Brexit. Southeast Asia — country-by-country applications required. Madrid System (WIPO) — one application designating multiple member countries, suited for simultaneous multi-market coverage.
**Class selection**: trademarks classify under the International (Nice) Classification into 45 categories; registration needed in all categories covering your products/services to avoid gaps.
## Patent Strategy
File patent applications (utility model/invention patents) in target markets to protect core product technology and prevent competitor counterfeiting. PCT (Patent Cooperation Treaty) applications allow entering multiple countries within a 30-month window. Note: US patent examination takes 2–3 years; costs are relatively high — recommended to handle through Chinese law firm US partner firms.
See [China Brand Globalization](https://sunqi.org/china-brand-going-global-en/) and [WIPO trademark search](https://www.wipo.int/branddb/).
