> Source: https://chinaipmark.com/blog/china-trademark-vs-design-patent/
> Updated: 2026-10-10

Guide

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

August 15, 2026
Updated October 10, 2026
By ChinaIPMark

![tm-vs-dp](https://chinaipmark.com/wp-content/uploads/2026/08/img-tm-vs-dp-1024x576.jpg)

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 8 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](https://chinaipmark.com/trademark-registration/) and [design patent](https://chinaipmark.com/design-patent/) service pages, or [ask us](https://chinaipmark.com/contact/) which combination fits your product.

## 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

- [Product Copied in China? How a Design Patent Stops It](https://chinaipmark.com/blog/product-copied-china-design-patent/)

- [Design Patent for Packaging: Protect Your Box Before It Gets Copied](https://chinaipmark.com/blog/design-patent-for-packaging/)

- [Hague Agreement and China Design Patents: What Sellers Need to Know](https://chinaipmark.com/blog/hague-agreement-china-design-patent/)

- [China Design Patent Application: Documents, Timeline and Steps](https://chinaipmark.com/blog/china-design-patent-process/)

- [China Design Patent vs Utility Model: Which Protects Your Product?](https://chinaipmark.com/blog/design-patent-vs-utility-model/)

## 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

## Keep reading

September 30, 2026

### [Product Copied in China? How a Design Patent Stops It](https://chinaipmark.com/blog/product-copied-china-design-patent/)

Your product is being copied in China. A granted design patent is the fastest lever: takedowns, customs and…

[Read guide](https://chinaipmark.com/blog/product-copied-china-design-patent/)

September 28, 2026

### [Design Patent for Packaging: Protect Your Box Before It Gets Copied](https://chinaipmark.com/blog/design-patent-for-packaging/)

Packaging counts as a design in China. If your box looks distinctive, a design patent protects it from…

[Read guide](https://chinaipmark.com/blog/design-patent-for-packaging/)

September 25, 2026

### [Hague Agreement and China Design Patents: What Sellers Need to Know](https://chinaipmark.com/blog/hague-agreement-china-design-patent/)

The Hague system lets foreign applicants protect designs in China through WIPO. Here is when it beats a…

[Read guide](https://chinaipmark.com/blog/hague-agreement-china-design-patent/)