In recent years, China has made significant strides in safeguarding the rights of trademark holders and fostering fair market competition by enhancing regulations against malicious trademark applications. The 2019 revision of the Trademark Law, along with the introduction of the Several Provisions on Regulating Trademark Application and Registration, has established a strong legal framework to effectively […]

The disputes between Huatuo Sinopharm and Guangdong Huatuo Pharm continued for over 10 years, which received high attention from the China traditional pharm industry. In 2024, Beijing High People’s Court overruled the judgement of the 1st Instance and considered the defendants Guangdong Huatuo Pharm and other companies constituted trademark infringement and unfair competition on free […]

Brands that are influential in their home markets need to actively pursue trademark registrations in other regions. Neglecting this can result in trademark squatting, which can hinder the brand’s operations in the new market and lead to legal challenges from the squatter. Typically, the registered party may respond by seeking to invalidate the trademark or […]

Throughout the lengthy process of applying for a trademark, even if the trademark is an invented word in a foreign language, examiners often assign various “translations” to it. This can lead to rejections based on absolute grounds such as lack of distinctiveness, potential for confusion, and negative implications. Despite the applicant’s strong arguments during the […]

The China National Intellectual Property Administration (CNIPA) has recently issued rectification notices to non-use cancellation applications. This initiative aims to enhance the standards for filing cancellation requests and prevent arbitrary submissions. According to the rectification notice, applicants are now required to present preliminary evidence indicating that the registered trademark has not been utilized in the […]

In recent years, the increase in trademark registrations in China has led to some concerning trends, such as registration without use, malicious preemptive registrations, and trademark hoarding for speculative purposes. This has resulted in a significant number of idle trademarks, which not only waste resources but also hinder some enterprises from registering their desired brands. […]

As online sales continue to grow, the issue of trademark infringement has become increasingly significant due to advancements in internet technology. Many businesses rely on online sales, which has unfortunately led to some dishonest sellers taking advantage of others’ trademark rights. This raises the question: how should trademark infringement be assessed in the realm of […]

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 […]

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 […]

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 […]

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 […]