July 8, 2025
Fresh Perspective on Navigating Trademark Three-Year-Non-Use Cases in China
The large number of trademarks in China, combined with their monopolistic characteristics, makes trademarks—particularly “valuable trademarks”—a limited asset in business competition, which inevitably results in a “scramble” for them. Additionally, the law requires trademark registrants to use and consistently utilize their registered trademarks. There is a three-year grace period after registration during which the registrant […]
Legal Liability and Case Analysis of Forged Trademark Authorization Letters
Introduction In real-world scenarios, instances of forging trademark authorization letters are not uncommon. Such acts may involve impersonating an authorized brand dealer, deceiving online platforms to gain promotional and sales privileges, or engaging in fraudulent activities using these forged documents. The following is an overview and examination of the characteristics of forgery trademark authorization letters […]
Insights into Landmark National Ruling Involving Artificial Intelligence Generated Content
This case marks a significant milestone as the first national ruling aimed at safeguarding the copyright of AI-generated “text-to-image” works. （2023）京0491民初11279号民事判决书 In its ruling, the Chinese court maintained an “anthropocentric” approach to defining copyright ownership, viewing the AI model as a supportive tool rather than the primary creator. It underscores the legislative intent of “encouraging […]
Navigating the Landscape of Trademark Protection for Foreign Businesses in China
The China National Intellectual Property Administration (CNIPA) has taken significant steps in recent years to combat malicious trademark registration practices. This includes addressing issues such as trademark hoarding, piggybacking on well-known brands, free-riding, and hijacking trending topics. Despite these efforts, as outlined in Articles 33 and 45 of the Trademark Law, the CNIPA will not […]
Navigating China’s Trade Secret Protection: Policies, Developments & Strategic Enforcement (2025 Update)
Introduction China’s competitive landscape increasingly revolves around technological innovation and critical business intelligence. Trade secrets – encompassing undisclosed technical and operational information with commercial value – are vital assets for business survival and growth. Defined under Article 9(4) of China’s Anti-Unfair Competition Law (AUCL), they require three elements: secrecy, commercial value, and confidentiality measures by the rights […]
Proving Service Mark Usage in China: Strategic Compliance with CNIPA’s Rigorous Evidence Standards(Updated for 2023-2025 Examination Practices)
I. Evolving Legal Context China’s trademark landscape has intensified scrutiny on “defensive registrations.” While CNIPA historically permitted broad-class filings exceeding actual business scope, mounting pressure from trademark squatters prompted the strictest evidence standards since 2023 for non-use cancellation proceedings ([10]). Understanding this shift is critical for foreign entities maintaining service mark registrations. Historical context clarifies […]
Strategic Use of Non-Compete Agreements to Protect Trade Secrets in China
Evolution of Legal Frameworks China’s approach to non-compete agreements has shifted significantly since 2008. Initially treated as trade secret infringement cases, these disputes are now classified as labor contract matters under judicial practice. Businesses must navigate this dual-track system—where trade secret infringements fall under tort law, while non-compete breaches are contractual disputes—to effectively safeguard intellectual […]
Case Law: Douyin Awarded a Hefty Compensation of 83 million RMB for Infringing Meishe’s Copyright
Douyin Copying Editing Code of Meishe SDK In May 2021, Meishe Company discovered that the audio and video editing code within the Douyin app had been largely replicated from its Meishe SDK software, which is protected by copyright. Further investigations indicated that other ByteDance products, such as Jianying, Juyuan Chuangyi, Faceu, Tuchong, Qingyan Camera, Duoshan, […]
Judge Article: Genuine Intent to Use in Trademark Cancellations
法官说商标 _ “撤三”案件中“真实使用意图”的判断 High Standards for Evidence in Trademark Non-Use Cancellations The phrase “Cancellation for Non-Use” refers to a trademark cancellation initiated by the registered owner due to a lack of valid reasons for not using the trademark. This is commonly known as a “trademark cancellation for non-use” case. Recently, trademark applications in China have […]
Global Patent Disputes Among Leading Steel Industry Players in China
China leads the world in both steel production and sales. With an impressive annual output of approximately 1 billion tons, China accounts for nearly half of the global steel production. Following China, India ranks second with around 100 million tons produced annually. Japan and the United States each produce between 70 to 80 million tons, […]
Court Case | Assessing Trademark Infringement Concerning Invalidated Trademarks – Robam Case
This segment shines a spotlight on the latest trademark law cases from the CNIPA or local Courts in China, offering a glimpse into the evolving landscape of adjudication and prosecution trends and intellectual property policy shifts in judicial and administrative matters concerning Chinese trademark law, all drawn from the most recent decisions and rulings. Court: […]
Court Case | Misleading and False Evidence in Non-use Cancellations Resulting in Significant Legal Rpercussions – FUSTE Case
Practice Trends This case was selected by Beijing High Court among the Ten Most Significant Cases of the Beijing High Court and the Ten Most Notable Cases Pertaining to Judicial Protection for Trademark Prosecution in 2024. It serves as a notable illustration of the thorough investigation of fraudulent evidence in cases of non-use cancellation of trademarks registered over […]
Court Case | Faking Authorization as A Blatant Act of Joint Infringement.
Case Number: (2021) Jing 0105 Minchu 42912 Case Summary Plaintiff: Takashi Murakami Defendants: Alcon Company, Beijing Hengzhi Company, Shenzhen Junfei Company. Takashi Murakami is a highly regarded contemporary artist from Japan, celebrated for his impactful work on a global scale. Among his notable creations is the “Sunflower” series, which has gained widespread acclaim and recognition. […]
Court Case | Similarity Analysis: New Application Incorporating Non-distinctive Trademark
Judicial Viewpoint in Detail 【Case Number】: (2018) Jing Xing Zhong 312 【Adjudicating Institution】: Beijing High People’s Court In this case, all parties agree that the goods associated with the disputed trademark and the goods approved for the cited trademark are the same or similar. The disputed trademark features the Chinese phrase “五粮液年份原浆” (Wuliangye Vintage Original Liquor), […]
Hefty Blow to Production and Sale of Fake Huawei Switches with RMB 20 Million Punitive Damages
A recent court ruling from Beijing Haidian District Court has determined that a company, along with five other defendants, engaged in the manufacturing and sale of counterfeit switches bearing the “Huawei” brand, which constitutes trademark infringement. Huawei as the plaintiff initiated legal action against the six defendants, seeking an end to the infringement and requesting […]
Porcelain Design Copyright Protection in China: 2021 Supreme Court Case Guide
If you create, sell, or import porcelain products—especially those with unique patterns or designs—understanding China’s copyright laws is critical to protecting your intellectual property . A landmark 2021 case, recognized as one of the Supreme Court’s Top 50 Typical Cases, offers vital insights into how Chinese courts rule on porcelain design infringement. This guide breaks […]
Defending Trademark Non-use Cancellation
We have recently participated in multiple trademark non-use cancellation cases for foreign companies. We highly advise trademark owners in China to conduct regular audits of their portfolios to identify which trademarks may be vulnerable to non-use cancellation challenges and to develop strategies to mitigate this risk. As of the end of 2023, China has a […]
Trademark Registration Guidance
We guide you each step of the trademark process, and take care of everything. We perform a trademark search, provide legal advice, and prepare and file your application, which will simplify the trademark process and improve your chances of success in getting China trademark registration. You will get personalized guidance from the experienced trademark attorneys […]
Brand Protection Support
We offer a flexible legal service package for SME brand protection matters. The annual service package is charged on annual basis. We will deliver legal and business solutions to prosecute IPs, manage portfolios, develop monetization strategies, and define joint development IP rights. We advise on distribution and franchise legal risks and matters, working with you to analyze […]
Litigating against Infringers
The protection of trademarks in China can be a challenging area for many outside the country. Despite recent changes to provide overseas brands with greater rights in case of disputes, parties claiming infringement often need to pursue their cases to the highest courts in order to stop the infringing party. Continuous and persistent enforcement is […]