> Source: https://chinaipmark.com/blog/china-trademark-vs-copyright/
> Updated: 2026-09-16

Guide

# China Trademark vs Copyright: What Protects What

September 16, 2026
By ChinaIPMark

![China Trademark vs Copyright: What Protects What](https://chinaipmark.com/wp-content/uploads/2026/08/blog-docs-1024x684.jpg)

A China trademark protects your brand name and logo in commerce. Copyright protects creative works, and in China it is automatic. Most brands need the trademark; some logos benefit from both. Copyright in a logo lasts decades without renewal, while the trademark needs renewing every ten years.

## What trademark covers

A trademark stops others from using your brand name or a confusingly similar one in the classes you registered. It is the right that lets you file platform complaints, seize goods at customs and win disputes over brand identity.

## What copyright covers

Copyright protects original creative expression: your logo design, product images, website copy and packaging artwork. In China, protection starts automatically when the work is created, and registration with the copyright office provides evidence of ownership if you ever need to prove it.

## Where they overlap

A logo is the classic overlap: it is both a brand identifier and a creative work. A trademark gives you commercial control; copyright gives you a fallback against exact copying of the artwork itself. Registering both is cheap and common.

## What you should do

If you sell in China or source from Chinese factories, start with the [trademark](https://chinaipmark.com/trademark-registration/). Add copyright registration for logos and packaging artwork you care about. If you are unsure which applies to your situation, [describe what you want to protect](https://chinaipmark.com/contact/) and we will point you to the right filing.

## Why Chinese factories file your logo as their own

The most common bad-faith filing we see is a factory or distributor registering the brand owner’s logo. When the owner has no China registration, the defence usually runs through copyright: if you can show you created the artwork first, the filing can be challenged as an infringement of prior rights.

That defence is much stronger with a copyright registration certificate. Copyright exists automatically, but proving the date and the owner of an unregistered work is slow, and CNIPA will not accept a claim on assertion alone. A registration certificate turns a story into evidence.

Term matters too. Copyright in a logo lasts decades, while a trademark needs renewing every ten years. For artwork you intend to use for a long time, the two filings cover different failure modes, which is why we often file both for the same mark.

Figures follow the [CNIPA](https://english.cnipa.gov.cn/) fee schedule and published examination guidance.

## 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

- [Which Filings Support a China Priority Claim?](https://chinaipmark.com/blog/china-priority-claim-which-filings/)

- [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/)

## Services

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

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

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

## Get a quote

Tell us about your brand and receive a clear quote within 24 hours.

[Contact us](https://chinaipmark.com/contact/)

Read next

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