Author: Kuang Xiaohui

In today’s competitive market, a trademark is far more than a brand name. It is among an enterprise’s most critical intangible assets. Yet, many companies register only a core trade name and assume they are fully covered, only to face severe enforcement hurdles down the line. A truly robust tr-ademark strategy requires a three-dimensional approach: diversifying mark types, defining classes of goods and services, and targeting key filing jurisdictions.

Here is how enterprises can systematically structure their trademark filings.

1. Beyond Words: Selecting the Right Mark Formats

Under China's Trademark Law (2019 revision), registrable elements include words, devices (logos), letters, numerals, three-dimensional shapes, color combinations, sound marks, and combinations thereof. The 2026 revision goes a step further by explicitly recognizing motion marks. Which formats should your business prioritize?

• Word Marks: The Foundation of Any      Portfolio
  

Word marks offer high recognition and broad commercial utility, making them the primary filing priority. In China, trade names and trademarks fall under distinct legal regimes; registering a corporate name does not confer trademark protection, and unvetted business names risk infringing prior trademark rights. As such, securing the enterprise's trade name as a trademark comes first. In the domestic market, Chinese-language marks must take precedence; English versions should follow for international relevance. For foreign markets, marks should be tailored to the local language.

MINISO offers a prime example: to adapt to target markets globally, it filed localized marks in Arabic, Burmese, Lao, and Khmer across jurisdictions, among others. This proactive strategy not only curbed bad-faith squatting but also fostered local consumer trust.

• Device Marks (Logos): Visual      Anchors for Brand Identity
  

While device marks lack phonetic legibility, they transcend linguistic boundaries. A concise visual identity conveys brand positioning, heritage, and values at a glance. Consider Nike’s iconic “Swoosh”: its fluid, tapering arc visually captures athletic momentum, while its resemblance to a checkmark reinforces positive consumer sentiment.

• Non-Traditional Marks: Broadening      the Scope of Protection
  

3D shapes, single colors or color combinations, sound marks, and upcoming motion marks provide unconventional yet powerful protection. Unlike standard 2D filings, these marks protect product configurations, signature color schemes, and packaging. For example, Sichuan Jiannanchun Winery successfully registered its distinctive lotus-embossed bottle as a 3D trademark in 2001, later relying on this registration to crack down on copycats and safeguard its trade dress and brand equity.

2. Class Strategy: Categorizing Goods & Services

Trademarks must specify designated goods and services. Cost-conscious enterprises often register solely for their current core operations, leaving their future lines vulnerable to bad-faith filings. We recommend segmenting coverage into four strategic tiers:

• Core Classes: Current flagship      products or services. These are non-negotiable and must be registered      first to secure unassailable exclusive rights.
  
• Growth & Expansion Classes:      Pipeline products, new categories, or upstream/downstream lines. Under      China's first-to-file system, failing to file early risks bad-faith      preemption, locking you out of your own brand name in new sectors.
  
• Adjacent & Complementary Classes:      Goods and services sharing similar channels, consumer demographics, or      functionalities that could easily trigger market confusion.
  
• Defensive / High-Risk Classes:      Categories that, if exploited by bad-faith actors, could tarnish or dilute      your brand image.
  

3. Jurisdictional Strategy: Navigating Territoriality

Trademark rights are strictly territorial; a registration obtained in mainland China has no legal effect outside its borders. Exporting products without local registrations leaves a brand exposed to squatted marks, customs seizures, or infringement claims abroad. Overseas filings should be planned around three key pillars:

• Manufacturing Bases and Sales      Markets:
  

Production and sales are the two primary touchpoints of trademark use. Without registrations in manufacturing hubs, an enterprise faces potential production shutdowns or export customs hold-ups; without registrations in end markets, goods risk seizure and litigation. Both must be secured at the outset.

• Transit Routes & Logistics      Corridors:
  

For companies beginning their global expansion without fixed target markets, aligning trademark filings with logistics hubs is practical and cost-effective. Key economic corridors, such as the China-Pakistan Economic Corridor (CPEC) linking Kashgar to Gwadar, or routes across Myanmar, represent high-frequency trade arteries where defensive filings pay dividends.

• Hong Kong and Macao SARs:
  

Both regions maintain independent legal and trademark systems; mainland Chinese registrations do not extend to either jurisdiction. Because Hong Kong and Macao often serve as initial launchpads for international commercial pilots, branch setups, and brand testing, local registrations should be filed in tandem with mainland applications to clear jurisdictional bottlenecks.

Conclusion

A comprehensive trademark strategy is dynamic rather than static, requiring continuous alignment with business growth and global expansion. Evaluating current portfolio coverage, closing potential gaps in filings, and establishing a proactive management framework are essential steps toward securing brand value and mitigating cross-border enforcement risks.