In the ever-changing landscape of Chinese Intellectual Property law, the only constant is change. Among the numerous updates, the recent amendment to the Trademark Law has sparked significant debate, expectation, and ultimately, reassurance. For international businesses and foreign legal firms keeping a close eye on China, understanding these changes is more than just a matter […]

Last week just before the Christmas holidays a Norwegian SME client has discovered counterfeit replicas of their products being sold on Chinese websites. Given that the client is seeking a prompt, effective, and cost-efficient solution rather than incurring high legal fees, how can we best address and resolve this e-commerce infringement issue? I. Protective Stronghold […]

In recent years, Chinese trademark law has undergone a notable shift, with greater focus placed on the genuine use of trademarks. As a result, there has been a marked increase in cases where defensively registered trademarks have been cancelled due to lack of authentic commercial use. Registering and maintaining a trademark requires considerable time and […]

When assisting international companies entering the Chinese market, one of the most common and challenging issues we face involves registering trademarks that include or reference foreign country names. At first glance, the legal framework seems contradictory. Public campaigns and general knowledge of intellectual property law have taught many that a trademark identical or similar to […]

Following the discussion on essential trademark compliance—such as strict adherence to registered mark formats, statutory deadlines, and approved classification limits—this advisory focuses on the complex issue of maintaining defensive trademark registrations against Article 49 cancellations (Che San) under China Trademark Law. Although these registrations are not actively used in commerce, they play a vital strategic […]

Introduction: Fundamental Principle and Recent Changes China trademark system, like many worldwide, is based on the principle that trademarks must be actively used. A trademark is not just a registration certificate but a commercial asset that identifies the source of goods or services. To uphold this, Article 49(2) of China Trademark Law allows anyone—individuals or […]

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

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 […]

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, […]

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 […]

Introduction: Navigating a Commercial Paradox in China Retail Landscape In the bustling shopping centers of Shanghai and Beijing, consumers witness a unique intellectual property scenario unfolding firsthand. Two separate companies operate stores under the identical MUJI brand—Japan Ryohin Keikaku Co., Ltd. (Authentic MUJI) and Beijing Cottonfield Textile Co., Ltd. (Chinese MUJI)—located just meters apart yet […]

The article was excerpted from the original version published by the examiner in the Fifth Examination Division, Trademark Office, National Intellectual Property Administration. The correct use of trademarks is essential to the core interests of businesses. By following standardized trademark usage practices, companies can effectively reduce risks related to unfair competition, confidently navigate administrative trademark […]

I. Key Transformations in Legal Structure and Regulatory Approach China intellectual property landscape is undergoing a major shift towards necessitating significant commercial utilization. An important aspect of this shift involves the China Trademark Non-Use Cancellation, which is addressed in the proposed amendments to the Trademark Law (CNIPA Draft Amendment, January 2023). These amendments fundamentally change the […]

China continuous struggle against fraudulent trademark registrations signifies an important advancement in the realm of intellectual property protection. The amendments made to China Trademark Law in 2019, along with the Several Provisions on Regulating Trademark Application and Registration, represented a significant turning point by introducing strong measures to address exploitative registration practices in administrative processes. […]

Licensing agreements are a popular tool in this endeavor, allowing companies to grant others the right to use their intellectual property in exchange for royalties or other forms of compensation. However, when a licensee strays from the agreed-upon terms, the licensor can face substantial losses due to contract breaches and IP infringements. The fallout from these […]

Parallel Import under China Practice Parallel imports refer to the practice where certain distributors sell products beyond their designated territories. This often involves a distributor in one region marketing products intended for their local market into the distribution areas of other distributors representing the same brand in different regions. Such situations typically arise from disorganized […]

In the late 2024, the Supreme People’s Court of the People’s Republic of China (“SPC”) issued an important ruling in the Retrial procedure of the trademark infringement case involving Nature Republic Co., Ltd (“NR”, the trademark holder of “NATURE REPUBLIC” for aloe vera gel) and Wangdu County Jianglin Cosmetics Sales Department (the defendant “Jianglin”, a […]

In the legal relationship between suppliers and distributors, the term “diversion” often arises as a type of breach. It’s important to understand that diversion is not a formal legal term; instead, it refers to the chaotic distribution of products across different regions, markets, and channels, driven by the interests of various parties, which can lead […]