Guide

China Trademark vs Design Patent: Which Do You Need for Your Product?

A trademark protects your brand name and logo. A design patent protects how your product looks. Most product businesses need both, and the fastest way to protect a physical product in China is a design patent.

What a China trademark protects

A trademark covers your brand name, logo, or slogan in the classes where you file. It stops others from selling under your brand or a confusingly similar one. It does not protect the appearance of the product itself.

What a China design patent protects

A design patent protects the visual appearance of a product: its shape, pattern, color, or a combination. If a factory or marketplace seller starts selling a lookalike, the design patent is what you use to stop them. It does not protect your brand name.

Cost and timeline compared

China trademark China design patent
Official fee About $39 per class About $180 through grant, first year included
Typical timeline About 7 months 6 to 12 months
Protection term 10 years, renewable 15 years from filing
Best for Brand names and logos Product design and packaging

The strategy most sellers use

File the trademark to own the brand, and file the design patent for any product with a distinctive look. Together they cover the two ways competitors attack you: using your name and copying your product.

A common gap: brands file the name, then find out the packaging itself is being copied. Packaging counts as a design. If your product or its box has a distinctive look, file both. See our trademark and design patent service pages, or ask us which combination fits your product.

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