For foreign video game companies, trademark protection is an important part of planning for the Chinese market. A game’s title, Chinese name and logo help players identify the game and connect it with its developer. Reviewing these names and logos early helps studios identify potential conflicts, protect their brands and reduce the risk of having to change names after investing in localization and promotion.
Trademark Protection in Mainland China
Unlike copyright, which generally arises automatically when a qualifying work is created, exclusive trademark rights in China are generally acquired through registration. Timely filing is therefore an important part of protecting a game’s brand in China.
Trademark rights are territorial. A registration in another country does not, by itself, provide registered trademark protection in mainland China. Studios should check whether their existing portfolio already covers mainland China through national or international registrations that have taken effect in China, and whether the protected marks and the covered goods or services match their plans for the market.
China generally follows a first-to-file system, under which an earlier application has priority where identical or similar marks are sought for the same or similar goods or services. Earlier rights and certain forms of prior use can affect the outcome, but overseas use or recognition should not be treated as a substitute for timely filing in China.
Why Filing Early Matters
A game can attract attention in China before a local release is planned. International announcements, trailers and community discussions may make its title familiar to Chinese players and other businesses. Waiting until a publishing agreement is signed or a launch date is confirmed can leave time for another party to apply for the same or a similar mark.
An earlier third-party application or registration may obstruct the studio’s own application. An existing registration may also create infringement risks or complicate publishing and licensing discussions, depending on its scope and how the studio uses the name. Resolving the issue can require additional costs, changes to promotional materials or reconsideration of the Chinese title.
Chinese law provides procedures to oppose applications and seek invalidation of registrations where the relevant grounds are established, including certain cases of bad-faith filing. These procedures depend on evidence and applicable deadlines, and a favorable outcome should not be assumed. Where practicable, studios should complete preliminary searches and file core applications before announcing new names or beginning substantial promotion.
Planning Trademark Protection
Studios should review the original game title, proposed Chinese name and key logos early. Choosing a Chinese name should involve both localization and trademark review, as registration of the original title does not automatically protect its Chinese translations.
Trademark applications should cover the goods and services relevant to the studio’s business, such as game software and online game services. Planned merchandise may require additional protection. Early planning is particularly important for companies with multiple games or franchises that are considering expansion into China. Reviewing trademark coverage across the portfolio can help identify which titles and brands need priority protection in light of planned releases, licensing and other commercial opportunities.
Studios should also confirm who will own the trademarks and clarify ownership and permitted use in agreements with local partners, particularly for newly developed Chinese names and logos. After filing, they should monitor relevant trademark applications, retain records of use and review whether further protection is needed. Coordinating these steps with localization and commercial negotiations can help reduce disruption as the game reaches Chinese players.
Early trademark planning helps studios decide which names to adopt, which applications to prioritize and how to manage their rights. Addressing these questions alongside localization and commercial negotiations can reduce the risk of costly changes as the game’s presence in China develops.