Short answer: YES. If you are serious about China, you need it. Always.
I have been helping cosmetics brands enter China for over 15 years. The trademark question comes up every single week. My answer never changes. Register early. The risks of waiting are real, and in 2026, they have become more expensive than ever.
China’s cosmetics market reached $141 billion in 2025, according to Caixin Global. It is now the world’s largest beauty market. But domestic brands hold 57.4% of that market. Foreign brands are fighting for a shrinking share against Proya, Florasis, and Perfect Diary. The only way to protect what you build is to own your name legally in China before someone else does.
1. Selling Cross-Border (Tmall Global, JD Worldwide)
You do not legally need a Chinese trademark to start cross-border sales.
But here is what you risk without one:
- You cannot stop copycats from selling under your name
- You cannot expand to domestic sales or offline retail later
- You cannot register for customs protection on physical shipments
- Someone else can trademark your brand first and demand payment to return it
My advice: register early, even if you are only doing cross-border for now. The filing cost is small. Losing your brand name in China is not.
In 2026, Tmall Global added a new requirement for cross-border sellers: you must provide proof of an overseas store or e-commerce presence. The entry bar is rising. If you are planning a Tmall China launch, plan your legal structure before you apply, not after. Read our full guide on how to sell cosmetics on Tmall to understand what documents you need.
2. Selling Domestically in China (Tmall, JD, offline)
You must have a registered Chinese trademark. This is not optional.
Without a Chinese trademark:
No Tmall store opening
No business license approval for your product category
No distribution network
No legal protection against fakes or copycats
Domestic platforms now require both Class 25 (goods) and Class 35 (services) registrations before approving a flagship store. This rule applies to Tmall, JD.com, and Douyin equally. If you plan to build a real brand in China, this is non-negotiable.
3. Why You Should Register Before You Launch
- Trademark squatting is real and organized. Someone may grab your name before you do and sell it back to you for a significant sum.
- Approval takes 9 to 12 months. You need to file before you launch, not after your first KOL campaign.
- Customs protection requires a registered mark. Without it, your shipments can be seized at the Chinese border.
- Enforcement on Xiaohongshu, Douyin, Taobao, and WeChat all require a registered mark. You cannot file a platform takedown without one.
China’s 2026 Trademark Law Changed the Rules
China passed a major trademark law amendment on June 26, 2026. It takes effect on January 1, 2027. For foreign cosmetics brands, this changes several things.
Here are the key points:
- Anti-bad-faith filing fines. The law now explicitly prohibits applications filed with no genuine intent to use the mark. Authorities can impose fines of up to RMB 100,000 on bad-faith applicants. This targets professional squatters directly.
- One-year embargo after cancellation. When a trademark is cancelled, no one can re-file it for 12 months. This closes a loophole squatters used to immediately re-register after a successful cancellation proceeding.
- Online use is now legally recognized. Use of your trademark on e-commerce platforms, Xiaohongshu, Douyin, and WeChat now counts as official trademark use. This matters if you ever need to defend against a non-use cancellation.
- Shorter opposition window. The period to oppose a third party’s trademark application drops from three months to two months. You need to monitor the CNIPA registry more actively than before.
The law is moving in the right direction. But “first to file” still wins. The amendment makes squatting riskier, not impossible. Do not wait for the law to protect you. File first.
The Squatting Problem Is Bigger Than You Think
I have seen this happen too many times at GMA. A brand runs its first KOL campaign on Xiaohongshu. The content performs well. A Chinese squatter sees the engagement, files the trademark the same week. By the time the brand wants to move to domestic sales, someone else legally owns their name in China.
Professional squatters in 2026 are not operating blind. They monitor overseas trademark filings, product launches, crowdfunding campaigns, and social media performance. The window between your first viral XHS post and a squatter’s filing can be less than 30 days.
The consequences are severe. A squatter who holds your Chinese trademark can:
- Demand payment to transfer the mark, sometimes reaching six figures in USD
- License your name to a local manufacturer and sell competing products
- Have your legitimate goods seized at customs because you become the legal “infringer”
This is not a hypothetical. A Canadian apparel brand had a major shipment seized at the Chinese border because a Chinese company had registered their trademark first. They had to resolve a legal dispute before recovering the goods, months later.
Cosmetics brands are a prime target. High margins, strong consumer brand recognition, and fast growth on social platforms make them worth squatting on. L’Oreal and Shiseido have spent years and large legal budgets fighting trademark disputes in China. Smaller foreign brands rarely have those resources. The only protection is filing early.
Register before you market. That is the rule.
Platform Requirements in 2026: What Each Channel Needs
Each major platform has its own trademark verification process. Here is what applies to cosmetics brands in 2026:
Tmall Global (cross-border): Trademark ownership or valid authorization required. New in 2026: proof of overseas e-commerce presence. Class 25 plus Class 35 for flagship stores.
Tmall domestic: Registered Chinese trademark mandatory. No exceptions for any category.
Douyin: Brand verification for official accounts and Douyin Mall stores requires trademark documentation. Without it, you cannot run brand-exclusive ads or open a live commerce flagship. Douyin advertising for cosmetics is one of the fastest-growing channels in China right now. Get your trademark in place before you invest in it. Douyin’s beauty GMV reached nearly 20 billion yuan in July 2025, up 31.7% year-on-year.
Xiaohongshu: Brand certification on XHS requires trademark proof. Without certified brand status, you cannot access certain ad formats or manage brand mentions at scale. Your Xiaohongshu marketing strategy requires a verified brand page to perform. XHS is where discovery happens. Tmall and Douyin are where sales close. Both channels need your trademark first.
WeChat: Official brand accounts and mini-program stores require trademark documentation. This matters for loyalty programs, CRM, and direct-to-consumer sales on the platform.
Register Your Chinese Name Too
This is the step most foreign brands skip, and it is a serious mistake.
Register your brand name in English AND in Chinese characters. Chinese consumers search and talk about brands in characters, not Roman letters. If you do not choose a Chinese name, the internet will pick one for you, and you will not control the story.
Beyond brand perception, there is a legal reason. A squatter can register the Chinese transliteration of your brand even if you hold the English trademark. Florasis built its entire identity around its Chinese name, 花西子. That name is protected. Foreign brands that ignore this leave a door open.
In 2026, AI-powered discovery tools like Doubao and Kimi are changing how Chinese consumers find beauty products. These tools pull results based on Chinese-language content. A brand with no Chinese name and no Chinese-language presence is invisible to a growing search channel. Read our complete guide on cosmetics marketing in China to understand how to build a full-market entry plan.
Read also: Chinese distribution rules
Where to Start: Your Trademark Checklist
Here is the minimum I recommend before any China marketing activity:
- File your trademark in China under Class 3 (cosmetics), Class 25 (goods, if applicable), and Class 35 (services). File in both English and Chinese characters.
- Monitor the CNIPA registry monthly during the approval period. The new opposition window is two months, not three. You need to act fast if a similar mark appears.
- Register your brand accounts on Tmall, Douyin, and Xiaohongshu as soon as your trademark is approved. Do not wait.
- Record your trademark with Chinese customs. This allows authorities to intercept counterfeit goods at the border on your behalf.
Our digital marketing agency for China specializes in cosmetics brands. Contact us for a free audit of your China strategy.
