Development Environment

From factory to front‑end: the role of ecommerce in China’s trade mark surge

An examination of trade and trade marks filings trends reveals a change in how Chinese firms are engaging with foreign markets, and insights into the role of ecommerce.

Trade marks banner

Trade between Australia and China has grown steadily over the past decade. However, the recent surge in trade mark filings originating from China far exceeds what trade growth alone would predict. This gap signals a change in how Chinese firms engage with foreign markets, rather than a simple expansion in export volumes.

Between 2017 and 2024:

  • Chinese exports to Australia increased by 26%1
  • Chinese-origin trade mark filings in Australia increased by 144%
  • Filing intensity (applications per US$100 million of imports) more than doubled, from an average of 11.1 between 2017 and 2022 to 22.8 in 2024
  • China’s acceleration in filings also outpaced that of comparator economies with broadly similar trade trajectories, including the US and Japan (See Figure 3.7).

Together, these trends suggest a structural shift in export behaviour. Chinese firms are not simply shipping more goods abroad, they are increasingly protecting and commercialising their own brands in destination markets.

Figure 3.7

Trade mark intensity of exports from China, US and Japan

A key driver of this shift has been the rapid expansion of cross‑border ecommerce and direct‑to‑consumer retail. Australian ecommerce orders grew by 24% in 2025, and 76.6% of Australians reported purchasing from a Chinese online marketplace during the year2. Platforms such as Temu and AliExpress ranked (fourth and sixth respectively) among the most downloaded apps in Australia in 2025, reflecting their growing reach into household consumption3.

This environment and platform adoption has supported a shift among Chinese manufacturers from contract manufacturing for foreign brands to owning and promoting their own brands.

Notably, trade in product categories commonly associated with ecommerce has not increased markedly in recent years and has, in some cases, declined since 2022. Historically, however, these goods were often produced for foreign brand owners and embodied foreign IP that was not reflected in trade mark filings from China.

The policy progression supporting ecommerce trade

This shift has been supported by several decades of industrial policy aimed at technology absorption and the development of globally competitive domestic brands. More recently, China has placed explicit emphasis on scaling cross‑border ecommerce, including through the 14th Five‑Year Plan.4

Policy measures have focused on reducing frictions for exporters by streamlining customs processes, promoting overseas warehousing, and coordinating tax and talent support. A central element has been the establishment of Comprehensive Pilot Zones for Cross‑Border E‑Commerce (CBEC). These zones subsidise logistics and warehouse leases, reimburse operating and marketing costs, and in some cases cover part of the cost of overseas trade mark registration.5

Since their introduction in 2020, CBEC have continually expanded across China, and are now present in all provinces, regions, and municipalities. Chinese trade mark filings in Australia are similarly widespread, with growth sourced from across multiple provinces.

Although dominated by applications from Guangdong (42% of total filings), applications from 22 of the 31 provinces and regions have doubled since 2021. Rising trade mark filings trends in Australia appear to reflect the rapid expansion of online trade, rather than province-specific policies or initiatives.

Platform regulations further incentivise filings

As ecommerce trade has expanded, major online platforms have assumed an increasing role in mediating international market access. This in turn has reshaped the incentives for some traders to file for trade marks in Australia.

Participating in major online marketplaces often requires clear brand ownership and verified intellectual property rights. Amazon's Brand Registry, for example, requires sellers to hold a registered or pending trade mark from an approved office. This requirement encourages producers to file trade marks early and in multiple classes when they intend to enter direct-to-consumer markets.

Evidence from the US suggests that these requirements have materially reshaped filing behaviours. Following the introduction of Amazon’s Brand Registry, trade mark applications from small businesses almost doubled in the US, rising from around 100,000 to approximately 200,000 filings. Private platform rules can alter incentives to engage with formal IP systems.6 Other large ecommerce platforms also link brand‑level participation to proof of trade mark ownership or exclusive brand authorisation.

The recent increase in filings reflects a convergence of multiple factors, including industrial upgrading, expansion of cross-border ecommerce, evolving platform governance, and reduced friction in overseas IP engagement. These dynamics are not confined to any single country, they reflect broader changes in how trade marks are deployed in digitally mediated commerce.

Such shifts have implications that require ongoing analysis and consideration. For example, a rapid rise in filing volumes, when concentrated in certain product or service classes, can affect competitive dynamics in those markets. Large numbers of trade marks with limited commercial presence or enforcement intent may increase search and clearance costs for other businesses seeking to enter and compete in related markets.

IP Australia continues to scan the registry routinely for unusual trade marks; monitor changes in applicant behaviour, trade mark quality and outcomes; and evaluate international policy responses to market developments. The objective is to ensure the trade mark system remains accessible, proportionate and fit for purpose in a rapidly changing trade environment.

Endnotes

  1. The World Bank,World Integrated Trade Solution (WITS), [data set] https://wits.worldbank.org, accessed 20 January 2026.
  2. Omnisend, Omnisend Study: Australian Ecommerce Orders Grew 24% in 2025, With the Top 5% of Brands Driving Nearly Half of Growth [media release], 14 January 2026, accessed 14 April 2026.
  3. App Store for iPhone, Get Australia’s Top Apps of 2025, 2025, accessed 14 April 2026.
  4. The State Council of the People’s Republic of China, Big Plans for e-Commerce Growth [media release], 1 December 2021, accessed 14 April 2026.
  5. E Clemens, How China’s State-Backed E-Commerce Platforms Threaten American Consumers and U.S Technology Leadership, Information Technology and Innovation Foundation (ITIF), 2025, accessed 14 April 2026.

  6. JC Fromer and MP McKenna, ‘Amazon's quiet overhaul of the trademark system’, California Law Review, 2024, 113, pp.24-32.