How to Register and Protect Non‑traditional Trademarks in China (2026): Colour, Shape & Sound Marks

Non-traditional trademarks in China have entered a new era. The near-final 2026 amendment to China’s Trademark Law formally expands the catalogue of protectable signs, making it clearer than ever that colour marks, three-dimensional shape marks and sound marks can qualify for registration, provided applicants meet heightened evidence thresholds set by the China National Intellectual Property Administration (CNIPA). For foreign brand owners that have invested years in building distinctive packaging, sonic identities or signature colour schemes, the amendment creates both opportunity and urgency.

This practical guide walks in-house counsel and trademark managers through every stage, from deciding whether a non‑traditional filing is viable, to assembling CNIPA-ready evidence, drafting bilingual submissions, and enforcing registered rights across administrative, civil and customs channels in mainland China.

What Types of Non‑Traditional Marks Are Registrable in China?

Yes, colour, shape and sound marks can all be registered as non-traditional trademarks in China, but each category carries distinct depiction requirements and evidentiary burdens. CNIPA’s Examination and Adjudication Guidelines on Distinctive Characteristics treat non-traditional signs as inherently less distinctive than word or device marks, meaning applicants must usually demonstrate acquired distinctiveness (secondary meaning) through extensive market evidence. Understanding how CNIPA classifies each mark type is the essential first step before committing resources to a filing.

Colour Marks, Depiction Standards and Examples

A colour trademark in China may consist of a single colour or a defined combination of colours applied to specific goods or services. CNIPA requires the application to include a colour sample reproduced to exact Pantone or similar colour-standard references, together with a written description specifying where the colour appears on the product or packaging. Single-colour marks face the highest distinctiveness hurdle: the applicant must prove that the relevant Chinese consumer segment associates that particular colour, applied in that particular way, exclusively with the applicant’s brand. Successful registrations have typically involved colours used continuously for a decade or longer, supported by advertising expenditure data, packaging photographs and consumer recognition surveys.

CNIPA examiners will reject applications where the colour is deemed functional, decorative or commonplace in the relevant product category.

Shape / 3D Marks, When CNIPA Accepts Them

Three-dimensional shape marks have the longest track record among non-traditional marks in China. Product packaging shapes, bottle designs and distinctive container forms may qualify, provided they are not dictated solely by the nature of the goods, are not necessary to achieve a technical result, and do not merely add substantial value to the goods. CNIPA’s guidance requires applicants to submit multi-angle photographs or technical drawings showing the shape from at least three perspectives. Industry observers note that shape marks derived from well-known international packaging, such as distinctive beverage bottles, have achieved registration when backed by decades of continuous Chinese market presence and substantial promotional evidence.

Sound Marks, Filing Formats and Acceptability

Sound mark registration in China became formally possible with the 2014 Trademark Law revision, and the 2026 amendment reinforces this category. To file a sound mark, applicants must submit an audio file (typically MP3 format) together with a staff notation or numbered musical notation of the sound, plus a written description of the sound’s characteristics. CNIPA treats simple, common or functional sounds, such as generic chimes or standard ringtones, as lacking distinctiveness. Successful sound mark registrations have generally involved highly distinctive jingles or melodic sequences used consistently in broadcast advertising over extended periods. The audio file itself must be clear, complete and match the submitted notation exactly.

China Trademark Amendment 2026, What Changed and Immediate Implications

The 2026 amendment to China’s Trademark Law introduces several changes that directly affect how foreign brands register non-traditional marks. The draft, released for public comment in late December 2025, was analysed extensively by practitioners throughout early 2026, and CNIPA has been issuing supplementary Q&A guidance to clarify examination practice. Three changes matter most for non-traditional mark applicants.

• Expanded scope of protectable signs. The amendment codifies an open-ended definition of registrable signs, explicitly listing colours, shapes, sounds and combinations thereof. This removes earlier ambiguity and encourages filings in categories that examiners previously treated with caution.
• Tightened evidence standards. Alongside the expanded scope, the amendment raises the bar for proving distinctiveness. Applicants must now provide more granular, China-specific market evidence, generic global brand recognition alone will not suffice.
• Increased agent liability. Trademark agents face heightened duties of good faith and accuracy. Agents who knowingly file applications lacking genuine commercial use or who submit fabricated evidence risk professional sanctions and potential civil liability.

The likely practical effect of these changes will be a surge in non-traditional mark applications filed by well-resourced foreign brands, coupled with a higher refusal rate for underprepared filings. Early indications suggest that CNIPA examiners are scrutinising evidence quality more closely than in prior years, making thorough preparation indispensable.

Step‑by‑Step Filing Checklist to Register a Non‑Traditional Mark in China

Foreign brands seeking to register non-traditional trademarks in China should follow a structured, evidence-first filing process. Rushing an application without adequate preparation risks a provisional refusal that can delay protection by twelve months or more.

Pre‑Filing Audit and Clearance

Before filing, conduct a comprehensive clearance search on the CNIPA trademark database, covering both identical and similar marks in the target Nice classes. Pay particular attention to registered colour or shape marks held by Chinese domestic competitors, these can block or narrow your application. Assess whether the mark you intend to register is functional, decorative or merely ornamental in your product category, as these features are statutory bars to registration. Finally, review your own global portfolio to confirm that the non-traditional element has been used consistently in China, not just in other jurisdictions.

Drawing and Depiction Requirements

CNIPA’s technical requirements for non-traditional mark depictions are strict. For colour marks, submit a colour sample in JPEG or TIFF format at a minimum resolution of 300 DPI, accompanied by a Pantone reference code and a written description (in Mandarin) specifying the exact placement on the product. For shape marks, provide multi-angle photographs or CAD-generated technical drawings from at least three perspectives. For sound marks, submit an MP3 audio file no longer than the relevant jingle or sonic element, together with staff notation and a textual description. All depictions must be internally consistent, any mismatch between the visual/audio file and the written description will trigger an office action.

Filing Routes and Timelines

Foreign applicants have two primary routes: a national filing directly with CNIPA (through a locally licensed Chinese agent), or an international registration designating China via the Madrid Protocol. National filings allow closer coordination with the agent on evidence submissions. Madrid filings offer administrative convenience but may result in more detailed substantive examination when CNIPA examiners raise provisional refusals specific to non-traditional marks. Standard CNIPA examination timelines run approximately nine months from filing to initial examination, though non-traditional mark applications frequently attract office actions that extend the overall timeline. For a deeper comparison, see the Madrid vs national filing section below.

Sample CNIPA filing description, colour mark (English): “The trademark consists of the colour red (Pantone 485 C) applied to the entire outer surface of the product packaging for goods in Class 30.”

商标说明（中文示例）： “该商标由红色（Pantone 485 C）构成，使用于第30类商品的外包装整体表面。”

Sample CNIPA filing description, sound mark (English): “The trademark consists of a four-note ascending melodic sequence played on a piano, as depicted in the attached staff notation and audio file.”

商标说明（中文示例）： “该商标由钢琴演奏的四音升序旋律组成，详见所附五线谱及音频文件。”

Evidence, Proving Trademark Distinctiveness and Acquired Secondary Meaning

CNIPA requires applicants for non-traditional marks to demonstrate that the sign has acquired distinctiveness through use, meaning the relevant Chinese public associates the colour, shape or sound exclusively with the applicant’s goods or services. Generic claims of global fame are insufficient. Every piece of evidence should relate specifically to use, recognition and market presence within mainland China.

Evidence Checklist by Mark Type

How to Design Consumer Surveys Acceptable to CNIPA

Consumer surveys are particularly important for colour marks and sound marks, where inherent distinctiveness is hardest to establish. CNIPA examiners expect surveys to meet several methodological standards. The sample population must be representative of the relevant consumer group in China, not a global panel. Questions should be neutrally phrased, avoiding leading language that suggests the “correct” answer. The survey report must include the full questionnaire, sampling methodology, raw response data and a signed declaration by the survey firm confirming its independence. Industry observers expect that surveys demonstrating recognition rates above 50 per cent among the target consumer segment carry substantial persuasive weight, though CNIPA has not published a formal numerical threshold.

Poorly designed surveys, those using convenience sampling, biased wording or aggregated-only data, are routinely disregarded by examiners and may undermine the overall application.

Drafting the CNIPA Submission, Practical Language and Exhibit List

A well-organised submission significantly improves examination efficiency and reduces the risk of office actions. Practitioners experienced in CNIPA filings for non-traditional trademarks in China recommend structuring the evidence package in a standardised exhibit format, with each exhibit clearly labelled in both English and Mandarin.

Recommended exhibit index:

• Exhibit A, Mark specimen in use. Colour sample or audio file, plus photographs/screenshots showing the mark as used on goods or in advertising in China. 「附件A, 商标使用样本」
• Exhibit B, Sales and revenue data. Annual sales figures, invoices and customs records demonstrating continuous commercial use in China. 「附件B, 销售及收入数据」
• Exhibit C, Advertising and promotional evidence. Media-buying contracts, advertising expenditure summaries and screenshots of campaigns on Chinese platforms. 「附件C, 广告宣传证据」
• Exhibit D, Consumer survey report. Full survey methodology, questionnaire, raw data and conductor’s declaration. 「附件D, 消费者调查报告」
• Exhibit E, Licensing and distribution agreements. Contracts showing controlled use of the mark by authorised third parties. 「附件E, 许可及分销协议」
• Exhibit F, Press and media coverage. Published articles, social media posts and broadcast logs referencing the mark. 「附件F, 媒体报道」

All Chinese-language documents should be originals or notarised copies. Foreign-language documents require certified Chinese translations. Use consistent file naming conventions (e.g., “ExhibitA_ColourSpecimen_PantoneRef.jpg”) to assist the examiner in navigating the submission. The mark description itself, in Mandarin, should be precise, unambiguous and directly traceable to the submitted depiction.

Enforcement and Policing, Administrative, Civil and Customs Options in China

Securing registration is only the first step. Effective enforcement of non-traditional marks in China requires a coordinated strategy across multiple channels, each with different evidentiary thresholds, timelines and outcomes.

Administrative Enforcement

Local Administration for Market Regulation (AMR) offices, successors to the former Administration for Industry and Commerce, can investigate and penalise trademark infringement through administrative orders. For non-traditional marks, the rights holder must present the registration certificate, evidence of the infringing use, and materials demonstrating consumer confusion. Administrative actions are typically faster than litigation, with investigations often concluded within three to six months. Remedies include orders to cease infringement, confiscation of infringing goods and monetary penalties. This channel is particularly useful for targeting manufacturing or wholesale operations.

Civil Remedies and Courts

Civil litigation through China’s specialised intellectual property courts offers broader remedies, including damages, injunctions and evidence preservation orders. For non-traditional marks, courts will assess the scope of protection by reference to the distinctiveness evidence submitted during registration, strong registration evidence translates directly into stronger enforcement. Preliminary injunctions (行为保全) are available in urgent cases, though courts require a showing of irreparable harm and likelihood of success. For guidance on serving litigation documents, see how to serve court documents in China.

Customs and Online Platform Takedowns

China Customs can record registered trademarks, including non-traditional marks, in its Intellectual Property Recordal System. Once recorded, customs officers can detain suspected infringing goods at the border, with the rights holder notified to confirm or deny infringement. For online infringement, major e-commerce platforms such as Alibaba (Taobao/Tmall) and JD.com operate IP complaint portals that accept takedown requests supported by registration certificates and evidence of infringement. Non-traditional mark holders should provide clear visual or audio comparisons showing how the infringing listing replicates the protected colour, shape or sound element. Successful platform takedowns can be achieved within days, making this channel the fastest enforcement option for brands with a strong cross-border intellectual property protection strategy.

Filing Strategy: Madrid Protocol vs China National Filings for Non‑Traditional Marks

Foreign applicants must decide between filing directly with CNIPA through a local agent or designating China through the Madrid Protocol. Each route has distinct advantages when applied to non-traditional marks.

The Madrid route provides centralised portfolio management and lower initial costs for multi-jurisdiction filings. However, when CNIPA issues a provisional refusal, common for non-traditional marks, the applicant must appoint a Chinese agent to respond within the prescribed period, effectively adding cost and complexity. National filings allow the agent to manage evidence preparation and examiner communications from the outset, which is strategically advantageous when the filing depends heavily on China-specific market evidence.

Industry observers recommend filing the word or device mark via Madrid for efficiency, while pursuing the non-traditional element through a parallel national filing where the agent can build the evidence submission proactively. Priority claims can link the two filings if made within six months of the first filing in any Paris Convention member state. For a broader perspective on filing route decisions, consult our international intellectual property guide.

Quick Checklist, Timeline and Costs for Foreign Brand Owners

The following summary consolidates the key action items, expected timelines and indicative costs for registering non-traditional trademarks in China.

• Clearance search: 2–4 weeks; budget approximately USD 500–1,500 depending on complexity.
• Evidence assembly: 1–3 months; costs vary widely depending on whether a consumer survey is required (surveys typically USD 10,000–30,000 for China-market panels).
• Filing (CNIPA official fees): RMB 270 per class for electronic filing (as at 2026); agent fees typically USD 800–2,000 per application.
• Examination period: Approximately 9 months to initial examination; expect 12–18 months total for non-traditional marks due to likely office actions.
• Office action response: 30 days from receipt (extendable by 30 days upon request); evidence supplementation may be required.
• Registration validity: 10 years from registration date, renewable for successive 10-year periods.

Early preparation of the evidence package, ideally beginning three to six months before filing, is the single most effective way to reduce examination delays and avoid costly re-filings.

Conclusion, Recommended Next Steps for In‑House Teams

The 2026 amendment to China’s Trademark Law has made it materially easier to register non-traditional trademarks in China, but the corollary is a more demanding evidence regime that punishes unprepared applicants. Foreign brands with distinctive colours, shapes or sounds embedded in their Chinese market presence should treat this as a window of opportunity, not a reason to wait.

In-house teams should begin with an immediate risk triage: identify which non-traditional brand elements are commercially active in China, assess whether adequate market evidence already exists, and flag gaps that require consumer surveys or additional documentation. From there, engage a CNIPA-qualified trademark attorney to conduct the clearance search, structure the evidence package and manage the filing through examination. The Global Law Experts lawyer directory can connect you with qualified China trademark practitioners for bespoke filing and enforcement support.

Sources

1. CNIPA, English Q&A on Trademark Examination and Adjudication of Distinctive Characteristics
2. China Briefing, Draft Trademark Law Amendment 2026
3. Bird & Bird, January 2026 Update on Amendment of China’s Trademark Law
4. Lexology, Summary of CNIPA Guidance on Non‑Traditional Marks
5. IAM Media, How to Secure Registrations for Non‑Traditional Trademarks in China
6. Law.asia, Protection of Non‑Traditional Trademarks in China (April 2026)