Andrea_liang

Seasoned IP Attorney & Litigator

Why Registering a Trademark in China Has Become Increasingly Challenging: A Key Guide for Foreign Brands

China offers unmatched business opportunities for overseas businesses. However, before selling products or promoting services, they must face a critical and growing obstacle: the trademark registration process. Recently, the rejection rate for trademark applications has surged to record highs. By early 2025, China had about 50 million active registered trademarks, with nearly 20,000 new applications […]

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Limiting and Eliminating the “Other Improper Means” Clause in China Trademark Legislation

This article is a translation of a work by Professor Kong Xiangjun. The original text can be found at: https://mp.weixin.qq.com/s?__biz=MzUwOTg0MTkwNA==&mid=2247486267&idx=1&sn=a92bcb198c7723302ecba094fee3ea85&scene=21&poc_token=HAFTBGmjqSmbXCdR7tezsfxsbrG2EbtMGK9BEFJX Key Issues in the Current Use of “Other Unfair Means” In current practice regarding trademark invalidation, the application of “other unfair means” faces several significant challenges: (a) Whether it should be applied alongside Article 4,

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The Strategic Importance of Protecting Trade Secrets – Lessons from Lao Gan Ma

In the global food industry, which is worth trillions of dollars, proprietary recipes are more than just ingredients—they are crucial competitive assets. The longstanding efforts of Coca-Cola to safeguard its formula and the notable 2016 case involving the theft of Lao Gan Ma’s chili sauce recipe, which caused losses exceeding ten million renminbi, clearly demonstrate

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Navigating Trademark Similarity Challenges in the Chinese Market: A Strategic Guide for Foreign Companies

For international businesses aiming to enter the expansive Chinese market, securing trademark protection is a vital step. However, a common challenge arises when your carefully developed trademark is deemed “similar” to one already registered or pending. This situation is not a dead end but rather a strategic juncture that calls for thoughtful planning and effective

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A Quick Dive into How China Timestamp Forensics Serves as a Guardian of IP Rights

For foreign companies aiming to safeguard their intellectual property in China, collecting reliable evidence can feel like a daunting task—especially when violations happen away from public attention. Traditionally, notarization has been the preferred method, but it often requires significant time and financial resources. Now, a groundbreaking court ruling has approved a new, efficient alternative: Trusted

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Cleansing the Shadows of Bad Faith? Exploring the Rule and Its Exception in Article 44 of the China Trademark Law

Insights from the Hualing HUALING Saga on Trademark Transfers In today’s environment of increasingly strict intellectual property protection in China, trademarks have become more important than ever as key corporate assets. Nevertheless, malicious activities related to trademark registration, such as hoarding and squatting, continue to pose challenges that disrupt market order. Article 44, Paragraph 1

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The 2025 George Patton Metaverse Trademark Showdown: What Led a Virtual Car to Rack Up a RMB 1 Million Fine?

On July 21, 2025, the Hangzhou Intermediate Court delivered a second-instance ruling in the trademark infringement and unfair competition dispute concerning the George Patton brand Case No.: (2024) Zhe 01 Min Zhong 10520. This landmark case, recognized as the first involving metaverse virtual reality trademarks, has garnered widespread attention. The court not only upheld the

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Exploring the Groundbreaking Case of China First Virtual Digital Human IP Dispute: Insights and Industry Impact

Recently, the Beijing Internet Court delivered its first-instance verdict in China inaugural copyright infringement case related to virtual digital humans. This groundbreaking ruling marks a significant step forward in protecting intellectual property rights for digital humans in China. It provides crucial legal clarity for international companies involved in virtual digital human projects within the Chinese

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Rising Refusal Rates for Trademark Applications in China: Insights into Changing Examination Standards and Strategic Considerations

Understanding CNIPA Stricter Trademark Examination Policies and Their Impact on Brands From 2024, the China National Intellectual Property Administration (CNIPA), which oversees the Trademark Office (TMO) and the Trademark Review and Adjudication Board (TRAB), introduced significantly stricter examination criteria for new trademark applications. This policy change has led to a notable increase in refusals based

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Triumph in Court: How Trademark Prior Use Won the Day in a Landmark Infringement Battle

Case Notes: A Landmark Victory in Prior Use Trademark Defense In the summer of 2024, an urgent matter interrupted my routine work. Zhejiang MEEC Company, a reputable enterprise with nearly 20 years in the electroplating industry, faced a significant trademark infringement lawsuit. A Beijing-based company, holding the registered MEEC trademark, claimed damages of US$10Million, threatening

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