Chinese Trademark and Design Filings in the EU Surge Over Three Decades Before Recent Decline

When exporting products to the European Union (EU), securing intellectual property (IP) rights such as trademarks and designs in the destination market is a strategic measure. It grants exclusive rights to exploit these assets and reduces the risk of customs-related obstacles. Over the past nearly three decades, numerous Chinese companies and individuals have adopted this approach by filing European Union Trademark (EUTM) and Registered Community Design (RCD) applications.

According to data from the European Union Intellectual Property Office (EUIPO), from January 1996 through September 2023, Chinese applicants filed a total of 170,493 EUTM applications. This volume represents 6.16% of all EUTM filings in the EU, positioning China as the sixth-largest source country overall. However, focusing on the year 2023 alone, China led all countries with 17,793 EUTM applications, surpassing Germany’s 16,894 filings.

The trajectory of Chinese EUTM filings shows dramatic growth over the period. Starting from a modest 63 applications in 1996, the annual filings increased approximately 282-fold to reach 17,792 by September 2023. Registrations followed a similar upward trend. After a slow start between 1996 and 2000, filings grew steadily from 2001 through 2021. Notably, 2022 marked the first decline in two decades, with applications dropping 37.7% from 34,353 in 2021 to 21,770. This decrease was more pronounced than the overall reduction in EUTM applications from all countries, which fell by 13.1% during the same period.

The pattern for design applications mirrors that of trademarks. EUIPO data, available from 2003 onward for designs, shows Chinese applicants submitted 142,194 RCD applications through September 2023. This accounts for 12.4% of all RCD filings, making China the fourth-largest country of origin. In 2022 and 2023, China ranked first in RCD applications, with 2023 filings nearly double those of Germany, the second-ranked country.

Similar to trademarks, design filings peaked in 2021 before declining by 19.6% in 2022. This drop was more than twice the 9% reduction observed in total RCD applications from all countries.

Monthly filing trends reveal that Chinese applicants favor submitting EUTM applications in July and December, with August also showing elevated activity. Conversely, February, October, and January are the months with the fewest filings. Registered Community Design applications follow a comparable pattern, with December, July, and September being the busiest months, and February, October, and January the quietest.

An examination of the trademark classes most frequently filed by Chinese applicants provides insight into the types of goods and services they export to the EU. Class 9 leads with 51,012 EUTM applications, encompassing information technology products such as downloadable software, computers, smartphones, and related accessories. This class also includes scientific instruments, electrical apparatus, optical devices, and security equipment.

Class 21 follows with 22,344 applications, covering household goods like cleaning utensils, cookware, beauty care items, pet articles, and gardening tools. Class 11, with 22,250 filings, includes sanitary installations, heating and cooling equipment, lighting, and food preservation apparatus.

Class 28, with 18,998 applications, relates to sporting goods, festive decorations, playground equipment, toys, and games. Other notable classes include Class 13 (189 applications) for explosives and weapons, Class 45 (617 applications) for safety, rescue, and legal services, and Class 4 (658 applications) for fuels and lubricants.

Regarding designs, Class 14 stands out with 16,157 RCD applications, which covers recording, telecommunication, and data processing equipment.

These statistics underscore the strategic importance Chinese companies place on securing IP rights in the EU market, reflecting their export priorities and product focus. The recent declines in filings in 2022 may indicate shifting market dynamics or strategic adjustments by Chinese applicants.

As China continues to be a major player in global trade, monitoring trends in trademark and design filings offers valuable insights into the evolving landscape of international intellectual property protection and commercial activity within the European Union.