> Source: https://chinaipmark.com/blog/china-trademark-priority-claim/
> Updated: 2026-10-13

Guide

# China Trademark Priority? Here’s How It Works

October 13, 2026
By ChinaIPMark

![China Trademark Priority? Here's How It Works](https://chinaipmark.com/wp-content/uploads/2026/10/prio-china-trademark-priority-claim-1024x576.jpg)

If you filed the same mark overseas first, a Paris Convention priority claim moves your China filing date back to that earlier application, for six months. It protects you against filings made in between. It does not raise your chances of registration. Here is what it covers, what it costs and what you need to send.

## What a priority claim actually does

China registers trademarks on a first-to-file basis. Between two applications for the same mark, the earlier filing date wins, whether or not either side is trading in China. A priority claim changes one number in that comparison: the date.

If you filed the same mark in a Paris Convention country first, and you file in China inside six months, you can ask CNIPA to treat your Chinese application as if it had been filed on that earlier date. Everything downstream follows from it. Marks that appeared after your priority date stop being obstacles. Filings that landed in the gap stop being ahead of you.

The claim is not automatic. You declare it when the Chinese application is filed, and you support it with a certified copy of the earlier application. Both steps have rules, and one of them has a deadline that applicants miss more often than any other.

## Where the rule comes from

Three sources carry the whole mechanism. If you want to read the originals, the links are here.

- **Article 4 of the Paris Convention** creates the six-month window and the requirement that the claim runs from the first filing. See the [WIPO overview of the Paris Convention](https://www.wipo.int/treaties/en/ip/paris/) and the [full text on WIPO Lex](https://www.wipo.int/wipolex/en/text/288514).

- **Article 25 of the PRC Trademark Law** is the domestic basis: an applicant may claim priority under an agreement between China and the country concerned, or under an international treaty to which both are party. That is what makes an EU or US filing usable in China.

- **Article 20 of the Implementing Regulations** sets the procedure, and this is where cases fail. The declaration is made in writing when the application is filed. A copy of the earlier application must follow within three months. If the declaration is not made, or the copy does not arrive, the claim is treated as never made.

Registration itself still happens in China. Priority changes the date on which your application takes effect; it does not register anything for you, and it is a different thing from an international registration under the [Madrid System](https://www.wipo.int/madrid/en/).

## What it protects: three dates

Take a first filing on 8 September 2026 and a China filing on 10 November 2026, with the claim declared at filing. Three things change.

- **The filing that lands in between.** If another company files the same or a similar mark in China on 6 October 2026, it is ahead of you without priority. With priority, your date is 8 September and the later filing is behind you.

- **The baseline CNIPA examines against.** CNIPA compares your mark with marks already on the register. With priority, that comparison is made as at 8 September 2026, so a similar mark that only appeared afterwards should not be cited against you. This is the part that decides outcomes in crowded classes.

- **The squatting window.** The weeks between your overseas launch and your China filing are when squatters move, because filing in China is cheap and nobody checks intent at the filing stage. Priority removes the reward for watching your launch and filing first.

What it is worth in money terms depends on those three risks. If a squatter files in your class and you have no priority, your options become opposition, invalidation, cancellation for non-use, or buying the mark back, and each of those costs multiples of a filing. See how that plays out in [trademark squatting in China](https://chinaipmark.com/blog/trademark-squatting-china-foreign-brands/).

## What it does not do

This is the part that gets oversold. Four limits are worth stating plainly.

- **It does not raise your chances of registration.** The examination standard, the absolute grounds and the relative grounds are all unchanged. Priority decides who was first, and nothing else. A mark that would be refused without priority will be refused with it.

- **It does not come back if the application fails.** If CNIPA refuses your Chinese application, the priority fee is spent. It buys an earlier date, not an approval.

- **It does not reach marks that already existed.** A third-party registration that predates your priority date remains an obstacle. Moving your date back does not move it behind theirs.

- **It does not cross marks or goods.** If the earlier filing is a word mark, only the word mark application can claim that date; your logo is a different mark and cannot borrow it. Priority also follows the goods and services listed in the earlier application, item by item. Items that appear only in the Chinese list take the Chinese filing date.

## How the six months are counted

The window runs from the first filing date to the same date six months later. It cannot be extended, and there is no way to declare priority after the Chinese application has been filed.

| First filing date | Last day to file in China | Why it lands there |
| --- | --- | --- |
| 8 September 2026 | 8 March 2027 | A clean six months |
| 31 December 2026 | 30 June 2027 | The window crosses the new year |
| 30 August 2025 | 28 February 2026 | Where the target date does not exist, the last day of that month is used |

Two conditions decide whether you can use the window at all, and both are easy to get wrong.

**The first filing, not the latest.** Priority has to run from the first application for that mark. If you filed in Benelux and then applied for an EU trade mark, the earlier Benelux filing is the one that can support a claim, not the EU application. This is the first question we ask when a client sends us a receipt, because a claim built on the wrong filing can fail on its own.

**Same mark, same goods and services.** The Chinese list has to map onto what the earlier application actually covers. Where the two overlap, those items carry the earlier date. Where the Chinese list goes further, those items keep the Chinese filing date. This is why we compare the two lists item by item before filing, and why the goods list matters as much as the date.

## One application number or one per class: how the fee is set

Priority is priced by the document, and the number of documents follows the earlier application, not the size of the Chinese filing. Two shapes are common.

| How the earlier mark was filed | Documents the office issues | Our fee, official fees included |
| --- | --- | --- |
| One application number covering several classes (common at EUIPO: one number, classes 9, 16, 41 and 42) | One document, covering every class inside it | US$699 for the document |
| One application number per class | One document per application number | US$599 per document |

The gap between the two figures is translation work. A combined document carries the goods and services list of every class inside it, so it is translated as one long, multi-class document. A document filed class by class covers a single class, and is shorter.

Keep the two sides of the comparison separate. Those rows describe how the *earlier* application was filed. On the Chinese side the rule is one application per class, always: four word mark classes means four applications, each charged separately, and each of them can use the same priority document.

Our per-class pricing for the filings themselves is on the [pricing page](https://chinaipmark.com/pricing/), with the CNIPA official fee of 270 RMB (about US$39) per class shown as its own line. Items beyond ten in a class are US$10 each.

## What you need to send

Client-side, this is a short list. Most of it is our work.

| What | Who prepares it | When |
| --- | --- | --- |
| The application number of the earlier filing. The filing receipt carries the number, the filing date and the goods list, which is everything we need to start | You | Before filing |
| The declaration inside the Chinese application | Us | Must be made when the application is filed |
| A certified copy of the earlier application, issued by the office that received it | Our foreign filing desk | Within three months of the Chinese filing date |
| The Chinese translation of that copy | Us | With the copy |

Three points are misread often enough to be worth naming.

**A filing receipt is not a certified copy.** The receipt proves the earlier application exists. CNIPA wants the application document itself, certified by the office that issued it.

**The declaration cannot be added later.** The copy can follow within three months, but the declaration has to be in the application from the start. If it is missing, the three-month rule never begins.

**The three months run from the Chinese filing date**, not from the earlier filing and not from the date the copy is ordered. Work back from your filing date, not forward from today.

## Should you claim it? Three questions

The claim is worth its fee in some files and not in others, and the difference is visible before you spend anything.

- **Is anyone likely to see your brand and file it in China?** A product launch, a trade fair, a crowdfunding page and a listing on an international marketplace all put the name in front of people who file for a living. If that is your position, priority is the cheapest protection you will buy this year.

- **How much of your Chinese list also sits in the earlier application?** If the overlap is most of the list, the earlier date reaches most of what you are protecting. If the Chinese list has moved on and covers goods the earlier application never included, the claim protects a smaller slice.

- **Can you file inside the window without rushing?** A claim declared on a filing made in the last few days of the window invites mistakes in the goods list and the power of attorney. If the calendar cannot be made to work, a clean filing on the Chinese date beats a hurried one with priority.

If the first two answers are yes or mostly yes, we usually recommend claiming. If your Chinese list has drifted far from the earlier filing and nothing suggests a squatter is watching, keeping the money is a reasonable choice. Either way it is your decision, and we file the applications the same way.

## Scheduling: leave two to three weeks

Three dependencies sit between the decision and the filing, and none of them compresses well: the full search on the CNIPA register, your confirmation of the goods list, and your signature on the power of attorney. Add the priority claim and you have a fourth, because the declaration has to be written into the application rather than bolted on afterwards.

Work back from the last day of the window and leave two to three weeks of slack. The point of the buffer is not the filing. It is the three months that follow, when the certified copy and the translation have to be produced and submitted. A filing that closes the window on its final day leaves no room to replace a document that comes back.

## A worked example

Here is how a file runs when the pieces arrive in order. Details are changed, the sequence is not.

| Date | What happens |
| --- | --- |
| 8 September 2026 | The client files a word mark at EUIPO: one application number, classes 9, 16, 41 and 42 |
| 13 October 2026 | The client decides to claim priority. We check that the EU filing is the first filing for the mark, compare the EU goods list with the proposed Chinese lists, and quote US$699 for the single priority document |
| 20 October 2026 | Engagement letter signed, invoice paid, full search on the CNIPA register completed |
| 28 October 2026 | The client confirms the final goods lists and returns the signed power of attorney |
| 2 November 2026 | Four Chinese word mark applications are filed, with the priority declaration made in each one. Application numbers reach the client the same day |
| By 2 February 2027 | The certified copy of the EU application and the Chinese translation are obtained and submitted. This is the three-month deadline, and it is met with time to spare |
| 8 March 2027 | The six-month window closes. This file used the window in November, so the date passes without consequence |

Two things hold this sequence together. The claim was raised while the filing was still being planned, not after it went in. And the certified copy was treated as a task with its own deadline rather than as paperwork that could wait.

## Checklist before we file

- We can name the first filing, with a date, and it is not the latest filing by habit.

- The Chinese goods lists have been compared with the EU list, item by item, and the differences are known.

- The declaration is written into the application, not left for later.

- The route to the certified copy is confirmed, including who requests it and how long it takes.

- There are at least two weeks between the filing date and the last day of the window.

## Quick answers

### How far back does a China priority claim move my filing date?

To the date of your first filing for the same mark, up to six months earlier. Whether it is worth the fee depends on what could be filed in that gap.

### Can a Chinese application be used to claim priority elsewhere?

Yes. Priority works in both directions: file in China first, and you have six months to claim that date in a Paris Convention country, the EU included.

### How many priority documents does one application number cover?

One document, covering every class inside that application number. Several Chinese applications can rely on the same document.

### Does the certified copy have to be filed with the application?

No. The declaration is made at filing, and the certified copy with its translation can follow within three months of the Chinese filing date.

### What happens if the priority claim is rejected?

The application continues to be examined, with the Chinese filing date as its effective date. That outcome is the reason for the buffer in the schedule. Outcomes depend on the individual case.

### My earlier application is filed but not registered. Can I still claim?

Yes. Priority rests on the filing, not on the outcome of the earlier application. The application number and filing date on the receipt are what the claim needs.

### I have filings in several countries. Which date do I use?

The earliest one. Claiming from a later filing shortens your own window, and in some situations makes the claim invalid.

### Do I need an agency for this?

Applicants outside China cannot file directly and must appoint a Chinese agency, under Article 18 of the Trademark Law. The priority work sits with our foreign filing desk; you send us the application number.

## Terms used in this guide

- **Priority date.** The date your Chinese application is treated as having been filed, usually the date of the earlier application.

- **Certified copy.** A copy of the earlier application document, certified by the office that received it. Different from a filing receipt.

- **Filing receipt.** The confirmation the office sends when an application is filed. It shows the number, the date and the goods list, but it is not a certified copy.

- **Goods and services list.** The items your application covers. Priority follows these item by item, which is why the lists are compared before filing.

- **Relative grounds.** Refusal because the mark sits too close to an earlier registration, as opposed to absolute grounds such as lack of distinctiveness.

- **One application number per class.** The Chinese rule: each class is its own application, unlike a single EU application covering several classes.

## Sources

[WIPO, Paris Convention](https://www.wipo.int/treaties/en/ip/paris/) (six-month priority) and the [convention text on WIPO Lex](https://www.wipo.int/wipolex/en/text/288514); Articles 18 and 25 of the PRC Trademark Law and Article 20 of the Implementing Regulations; [CNIPA](https://english.cnipa.gov.cn/) and its [fee schedule](https://english.cnipa.gov.cn/col/col3000/index.html) (270 RMB per class, about US$39); [EUIPO on priority](https://www.euipo.europa.eu/en/trade-marks/before-you-apply/priority) and [certified copies](https://www.euipo.europa.eu/en/trade-marks/after-you-apply/certified-copies); [WIPO Madrid System](https://www.wipo.int/madrid/en/). This guide is general information, not legal advice. Examination outcomes rest with CNIPA, and registration is never guaranteed.

## Find out whether your window is still open

Send us the application number, the filing date and the goods list from your earlier filing. We will confirm whether the six months still have room in them, how many documents your claim needs, and what it costs, at no charge. If the mark is already registered in China or someone else got there first, our [opposition guide](https://chinaipmark.com/blog/china-trademark-opposition-guide/) sets out the options, and the [registration timeline](https://chinaipmark.com/blog/how-long-does-china-trademark-take/) explains what happens once a filing is in. When you are ready to file, the process runs through our [China trademark registration service](https://chinaipmark.com/trademark-registration/), with fees on the [pricing page](https://chinaipmark.com/pricing/) and a quote within 24 hours after you [contact us](https://chinaipmark.com/contact/).

## About this guide

Written by the ChinaIPMark team in Changsha, China. We help overseas brands register China trademarks and design patents, and all official filings are prepared and submitted by CNIPA-registered partner agencies.

**Sources:** This guide references [CNIPA](https://english.cnipa.gov.cn/) official fee schedules and examination guidance, and [WIPO](https://www.wipo.int/) materials where an international route applies. Figures are current as of the update date shown above.

**Disclaimer:** This guide is general information, not legal advice. Filing outcomes are never guaranteed. See our [Terms of Service](https://chinaipmark.com/terms/) and [Privacy Policy](https://chinaipmark.com/privacy-policy/).

## Related guides

- [Should You File a Defensive China Trademark?](https://chinaipmark.com/blog/defensive-trademark-china/)

- [Protect Your Logo in China Manufacturing](https://chinaipmark.com/blog/protect-logo-china-manufacturing/)

- [Do EU or US Trademarks Protect You in China?](https://chinaipmark.com/blog/overseas-trademark-china-protection/)

- [China Trademark for Cosmetics and Skincare Brands](https://chinaipmark.com/blog/china-trademark-cosmetics-brands/)

- [How to Claim Trademark Priority in China](https://chinaipmark.com/blog/how-to-claim-trademark-priority-china/)

## Services

- [China trademark registration](https://chinaipmark.com/trademark-registration/)

- [China design patent](https://chinaipmark.com/design-patent/)

- [Pricing](https://chinaipmark.com/pricing/)

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