Do You Really Need A Chinese Version Of Your Brand? Not Always—and Here's The Smarter Alternative IP Move

Filing a Chinese brand name is outdated advice.

The real question shouldn't hinge on whetheryou register a Chinese version of your trademark, but whether you control your Chinese name. Because, if you don't, someone else will, and that can quietly undermine your brand equity, confuse your customer, or even create enforceability issues.

Let's break this down.

Do you need to use a Chinese name in branding?

No. Many global brands—especially in tech, premium, and luxury—succeed in China using only their English name:

• Tesla (特斯拉) uses transliteration strategically, but the English identity dominates.

• Burberry often emphasizes its English name in marketing, a common choice for premium or luxury brands aiming to maintain foreign appeal.

Why? Because sometimes, foreignness adds brand value.

But there's a flip side.

Do you need to secure a Chinese brand name in IP?

Yes, or at least manage the risk. Because, if you don't:

• Chinese consumers organically give your brand a nickname.

• Local media and influencers end up using it, and it sticks.

• A third party notices and registers it.

Now you're left with:

• A "shadow brand" you don't control.

• Risk of consumer confusion.

• A legal battle you may not win.

Three smart options and not one-size-fits-all

Option 1: Actively create and register a Chinese brand name

Best for mass-market consumer brands, Fast Moving Consumer Goods (FMCG), entertainment, or anything needing cultural resonance.

Strategy:

• Invest in a name that works phonetically and semantically.

• Align with your positioning and tone.

• Think Coca-Cola (可口可乐), Audi (奥迪), Procter & Gamble (宝洁).

Option 2: Register defensive variants without using them immediately

Best for premium, B2B or niche brands, that prefer English-only positioning.

Strategy:

• Register possible transliterations or nicknames consumers might use.

• Cover both phonetic and semantic angles to prevent third-party hijack.

Hypothetical examples:

• A health-tech company registering "安科思" (An Ke Si) as a transliteration of "Ancos."

• A luxury fashion brand securing "丽尚" (Li Shang) as a semantic variant meaning "elegant fashion."

The goal is to build a protective IP wall, even if you don't market under these names for now.

Option 3: Monitor organic naming and adapt later

Best for start-ups, lean teams, or brand-new entrants.

Strategy:

• Launch in English, then monitor social media, forums, and platforms like WeChat, Weibo, or Xiaohongshu.

• Track what names are catching on, and file for trademarks fast.

• Requires strong IP monitoring and flexible brand guidelines.

Hypothetical case: A fashion brand loses its consumer-created Chinese name

Imagine a mid-range European fashion label entered China with its English brand name only, focusing on e-commerce and influencer collaborations. As the brand gained popularity, Chinese consumers began referring to it as "芙琳娜" (Fu Lin Na), a soft, elegant transliteration that matched the brand's feminine aesthetic. The company never formally adopted or registered this Chinese name, treating it as an informal nickname.

A local apparel distributor noted the rising popularity of "芙琳娜" on Xiaohongshu and Tmall reviews, and quickly secured the trademark registration across apparel and accessory classes. When the foreign brand later used "芙琳娜" on promotional materials during a product launch, the registrant filed an infringement action.

Because the local distributor owned the registered Chinese mark, the foreign brand was prohibited from using the name, faced monetary liability, and was forced to market under a new, unfamiliar Chinese name—losing both momentum and consumer recognition.

In China, consumer-created Chinese nicknames often emerge faster than brand owners expect. If you do not register them early, you may end up unable to use the very name consumers associate with your brand.

Strategic takeaway

Don't fall for one-size-fits-all rules. It's not about always filing a Chinese brand name.

It's about making an intentional, forward-looking decision to avoid brand dilution, confusion, or loss of IP control. Act today.

Step 1: Map out your China branding strategy

• Will your audience expect a Chinese name?

• Does your positioning benefit from local adaptation?

• Will distributors, influencers, or media default to a Chinese nickname?

Step 2: Evaluate naming options early

• Check whether your brand has already been referenced in Chinese media, forums, or social platforms.

• Commission a naming agency or linguist if needed for cultural resonance of your Chinese brand.

• Ask your IP counsel to search Chinese trademark databases—such as CNIPA—to check the availability of the Chinese trademark.

Step 3: File smart, but plan for use

If you plan to use a Chinese name, register it and build it into your branding.

If you don't plan to use one immediately, consider:

• Filing variants in relevant goods/services classes where risk is high.

• Making light, low-effort use to help preserve rights, such as including them on internal documents, packaging mockups, or tucked-away online references.

• Tracking how Chinese-language references to your brand evolve over time, and regularly reassessing whether these marks may play a more active role.

Read the original article on GowlingWLG.com

The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.