What’s Hot in China’s Trademark Practice by Jimmy Huang and Yan Zhang

What’s Hot in China’s Trademark Practice by Jimmy Huang and Yan Zhang. In The Global IP Matrix Magazine Issue 23, Jimmy Huang, Head of Trademarks, and Yan Zhang, Partner at East IP, explore the latest shifts in trademark practice in China and how they impact global brand owners. With new laws, stricter enforcement, and ongoing challenges like bad-faith filings and subclass mismatches, this article offers a clear-eyed analysis of how to adapt and succeed in Asia’s most dynamic IP jurisdiction.

Inside China’s 2025 Trademark Landscape

Relying solely on the Madrid System for trademark protection in China can expose brand owners to delays and weaker enforcement. Certificates take longer, and subclass coverage may not align with CNIPA’s standards. The authors strongly recommend direct local filing for key trademarks to avoid unnecessary risk.

The Risks of Ignoring Chinese-Language Marks

Many foreign companies delay filing the Chinese version of their brand name, often resulting in pirates, distributors, or local media coining unofficial names. This creates long-term brand confusion and legal battles. Early registration of localised marks is a must for comprehensive brand control. Stricter Standards for Trademark Examination Since 2023, China’s CNIPA has adopted a more conservative approach in examining trademarks. Provisional refusals are harder to overcome, especially for low-distinctiveness marks. The authors note that non-use cancellation actions now play a more critical role in clearing prior obstacles. Cracking Down on Bad Faith New draft amendments to China’s Trademark Law introduce tougher measures against bad faith filings. Courts are now willing to hold both pirates and their legal representatives jointly liable under unfair competition law. A recent trend also includes judicial orders transferring pirated marks to legitimate owners.

Offline vs. Online Enforcement

Offline criminal enforcement continues to improve, with thousands of IP-related sentences being issued by local authorities. Online infringement remains a challenge due to fragmented platforms and hidden sellers, but effective monitoring and takedown programs can significantly reduce exposure.

Conclusion

China’s trademark landscape in 2025 demands both caution and agility. Foreign companies must take a proactive approach to local filings, monitoring, enforcement, and strategic use of cancellation actions are key to maintaining control. With CNIPA reforms and court precedents evolving quickly, staying informed and prepared is the best defence.

Read the full article in The Global IP Matrix Issue 23 for a detailed look into CNIPA’s changing regulatory landscape and how it affects trademark holders and practitioners alike.

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