A China strategy for
misused trademarks.

Start with the China right

A registration in another country does not by itself establish registered trademark rights in mainland China. The initial review checks the relevant China registration or protected international designation, owner, status, covered goods or services and the signs being used.

If the brand has no effective China registration, that is a different analysis. Prior rights, well-known mark protection or a challenge to another registration may require separate work; protection should not be assumed.

Work that can be scoped

• Review the rights position, the alleged use and the available evidence.
• Plan proportionate evidence preservation and identify relevant sellers or manufacturers.
• Assess platform notices, cease-and-desist correspondence and negotiated resolution.
• Prepare civil claims or administrative complaints where the facts support them.
• Assess suspected criminal counterfeiting and relevant Customs measures for import or export goods.

Choose the objective before the route

Stopping a particular listing, addressing a production source and seeking compensation are different objectives. A platform notice does not establish liability. An administrative fine is not compensation paid to the rights holder. A suspected crime requires its own elements and evidentiary assessment.

Useful for an initial discussion

Prepare the owner’s name, registration numbers, representative seller links, an explanation of how the products differ and any known deadline. Keep original purchase, payment, delivery and packaging records if a sample has already been obtained.

Read the counterfeit-product evidence guide →