Over the last ten years, China legal framework has made remarkable progress by enhancing IP protections, establishing specialized courts, and raising statutory damage limits. The government stance is clear: IP is a valuable asset, and violations will face penalties. Nonetheless, there often remains a considerable gap between the legal entitlement to prevent others from using […]
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
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,
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
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
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
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
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
Triumph in Court: How Trademark Prior Use Won the Day in a Landmark Infringement Battle Read More »
In recent years, an increasing number of Chinese brands have confidently entered the international market by acquiring well-known foreign brands. Today, renowned names such as Arc’teryx, G-III, Paladin, Bogner, and THG—previously celebrated worldwide—are now proudly included in the portfolios of Chinese companies. These brands have been integrated into a strategic framework developed by Chinese enterprises,
Chinese brands broadening horizons through international purchases Read More »
The Supreme Court delivered a final decision regarding the trademark ownership and infringement dispute between Heilongjiang Chuanfeng Co and Russia Balizam concerning the Barizam trademarks. The Court overturned the previous rulings from the lower courts, affirming that the Barizam series trademarks registered in China rightfully belong to Russia Barizamm Company, and has ordered the transfer
Trademark Battles Among Business Partners: Who Truly Owns trademark Rights to Barizam? Read More »
