August 14, 2025  Copyright ©️ 2025 by goldkeen International Patent & Trademark Joint Office

 

Trademark Infringement Case in China

1. “YKK Zipper” Trademark Infringement CaseSummary: In March 2024, the Market Supervision Bureau of Changshu, Jiangsu, together with the Public Security Bureau, investigated a major YKK trademark infringement case involving an illegal business turnover of up to RMB 15 million. More than one million counterfeit products were seized on-site, and the conduct was suspected to constitute a criminal offense.(Source: Sohu)

Note: Trademark infringement may result in both civil and criminal liability. Brands should strengthen their brand licensing and traceability systems, while also implementing proactive trademark infringement monitoring mechanisms. 

2. Counterfeit Trademark Case in Film and Television LicensingSummary: A garment manufacturer, without obtaining authorization from the trademark owners, illegally produced wizard robes, scarves, and other merchandise labeled with trademarks such as “UNIVERSAL STUDIOS” and “HARRY POTTER.” The illegal sales amounted to over RMB 112.5 million. Ultimately, multiple defendants were sentenced to imprisonment. In response, China’s Supreme People’s Court and Supreme People’s Procuratorate jointly issued a judicial interpretation lowering the criminal threshold—profits as low as RMB 50,000 may now constitute a criminal offense.(Source: Sohu)

Note: Even fictional or minor imitations of registered trademarks can trigger civil and criminal liability. Brands should proactively establish trademark strategies and monitoring systems to safeguard their rights.

 

3. “Trademark Backstabbing” Case in the Photovoltaic IndustrySummary: Two Chinese photovoltaic manufacturers were found to have confusingly similar English trademarks—“SUNOVASOLAR” and “Sun-Nova New Energy”—at an exhibition in the European Union. The case ultimately resulted in damages of RMB 50,000. The ruling adopted a “dual-application model,” whereby the determination was made under EU standards, while liability was adjudicated under Chinese law.(Source: Anhui Intellectual Property Development Center)

Note: Marketing should follow trademark registration. Companies expanding abroad must prioritize overseas IP strategy and trademark deployment before entering new markets.

 

4. Geographical Indication Trademark Infringement CaseSummary: A processing plant in Xunwu County, Jiangxi, falsely labeled Fujian navel oranges as “Gannan Navel Oranges” in its packaging. The illegal business turnover reached RMB 31,500, and the company was held legally liable and fined accordingly.(Source: Sina Finance)

Note: Geographical indications such as “Gannan Navel Oranges” are subject to stricter control under trademark law. Brands must ensure that packaging and promotional materials clearly indicate the place of origin and carry proper authorization for such marks.

 

Based on the above cases, five key response strategies that brands should adopt.

Key Strategies

Explanation

Trademark Deployment and Search

Register a Trademark Before Marketing!

Make trademark registration of your brand name the first step in brand protection. Engage a professional trademark agent or law firm to conduct a preliminary search before filing, in order to check for identical or similar prior registrations.

Implement Trademark Infringement Monitoring

After obtaining trademark rights, one may entrust law firms or use AI monitoring platforms to conduct trademark surveillance, promptly identify infringements, and preserve evidence.

Strengthen Licensing and Management

Trademarks are territorial in nature; licensing methods and scope should be clearly defined, and expiration dates must be monitored.

Active Use and Rights Protection

After obtaining trademark rights, actively use them and retain evidence of such use. At the same time, when facing infringement, be sure to collect and notarize evidence, and entrust professional attorneys to take enforcement actions.

Seek Professional Representation

Entrust reputable trademark agencies to handle trademark protection.

China Trademark Application Process

(1) Filing Stage

  • A trademark may be filed for a single class or across multiple classes, in line with Taiwan’s system of “one application per class” or “one application for multiple classes.”
  • Upon submission of the required documents and fees, an application receipt can be obtained within three days.

(2) Formal Examination Stage

  • The Trademark Office will review the submitted documents for errors. If the application does not meet basic requirements, a correction notice will be issued, and the applicant must respond within 30 days.
  • If the documents meet the requirements, the applicant will receive a “Notice of Acceptance of Trademark Registration Application” within approximately 1–2 months.

(3) Substantive Examination Stage

  • The Trademark Office will review whether the applied-for mark falls under grounds for refusal (e.g., identical or similar marks, lack of distinctiveness). If refusal grounds are found, a “Notice of Rejection” or “Partial Rejection Notice” will be issued, requiring a response depending on the circumstances.
  • If the application passes examination, the Trademark Office will issue a “Preliminary Approval Notice of Trademark Registration Application” and publish the mark in the Trademark Gazette.

(4) Publication and Registration

  • After substantive examination, the mark will be published in the Trademark Gazette for three months, during which any party may file an opposition.
  • If no opposition is filed during the publication period, the Trademark Office will issue a trademark registration certificate and publish the registration, thereby granting exclusive trademark rights.

Important Notes:

  • The China trademark application process generally takes about six months; however, periods for official correction notices, responses, and appeals, as well as other justified delays, are excluded from this timeframe.
  • A registered trademark in China is valid for 10 years per application. Renewal can be filed within 12 months before expiration, with each renewal extending protection for an additional 10 years.
  • If a registered trademark is not used for three consecutive years without valid reason, a third party may file for cancellation under the “non-use for three years” rule, which may lead to revocation of rights. Therefore, once rights are obtained, active use and retention of evidence are essential.
  • Within five years of registration, interested parties may file for an invalidation proceeding.

 

Conclusion

From the YKK infringement case, counterfeit film merchandise, and the photovoltaic industry’s “overseas trademark disputes,” it is evident that China’s trademark system has become increasingly mature, with significantly strengthened enforcement.

We recommend that brands adopt a three-step strategy of “Application + Monitoring + Enforcement” and always remember: #RegisterYourTrademarkBeforeMarketing!In particular, overseas trademark deployment should be treated as a priority protective measure.

For cross-border cases, it is highly advisable to engage professional IP consultants to conduct risk assessments and handle applications.

Do you need advice on trademark matters in China? Our Goldkeen IP Consulting Team is ready to assist you at any time!

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