Our trademark was registered by someone else in China: Legal Remedies & Step-by-Step Actions for Foreign Companies
Discovering that your brand name or logo has already been registered in China by another party is a common — and serious — issue for foreign companies. This situation is often caused by trademark squatting, former distributors, manufacturers, or third parties acting in bad faith.
The good news: Chinese trademark law provides multiple legal remedies, but choosing the wrong procedure — or acting too late — can significantly reduce your chances of success.
This guide explains what to do, in what order, and which legal path to choose, with direct links to detailed procedural guides for each remedy.
Table of Contents
Step 1: Confirm the Exact Status of the Chinese Trademark
Before taking any action, you must first clarify the trademark’s legal status in China. Different situations require completely different remedies.
Key points to confirm:
Application vs. Registration
Is the trademark still under application or already registered?
Registrant Identity
Who is the registrant — an individual, distributor, manufacturer, or unrelated entity?
Registration Date
When was the trademark registered? (Critical for non-use cancellation)
Classes & Coverage
Which classes and goods/services are covered?
Evidence of Use
Is there any evidence of actual commercial use in China?
Important: Only after this verification can an effective strategy be selected.
Step 2: Choose the Correct Legal Remedy Based on the Scenario
China does not offer a single “one-size-fits-all” solution. Instead, remedies depend on timing and legal status.
The Trademark Is Still Under Application → File an Opposition
When to Use:
If the trademark has been published but not yet registered
If the conflicting trademark is still in the publication (opposition) period, foreign brand owners may file a formal opposition before the China National Intellectual Property Administration (CNIPA).
Trademark opposition is appropriate when:
- You own an earlier trademark or trade name
- The applicant had a prior business relationship with you
- The filing shows clear signs of bad faith
📌 Detailed procedure:
👉 China Trademark Opposition ProcessImportant: Opposition deadlines are strict. Missing this window means the trademark will proceed to registration, requiring more complex remedies later.
The Trademark Is Registered (Within 3 Years) → Declaration of Invalidity
When to Use:
If the trademark has already been registered but less than 3 years have passed
When a trademark has already been granted, opposition is no longer available. Instead, foreign companies may initiate a declaration of invalidity.
Invalidation actions are commonly based on:
- Bad-faith registration
- Prior contractual, agency, or distribution relationships
- Violation of the principle of good faith
- Copying of a well-known foreign brand
📌 In-depth legal strategy:
👉 China Trademark Declaration of Invalidity Guide | CNIPA Invalidation Strategies for Foreign BrandsThis procedure is particularly powerful against:
- Former distributors or manufacturers
- Trademark squatters registering multiple foreign brands
- Registrations clearly targeting brand reputation
Trademark Registered for Over 3 Years but Not Used → 3-Year Non-Use Cancellation
When to Use:
One of the most effective remedies for foreign brand owners
If the disputed trademark has been registered for more than three consecutive years and has not been genuinely used in China, you may file a 3-year non-use cancellation.
Why this remedy is popular:
- No need to prove bad faith
- Burden of proof shifts to the registrant
- High success rate when no real use exists
- Clears the way for re-application
📌 Complete guide:
👉 China Trademark 3-Year Non-Use Cancellation: A Complete Guide for Foreign BusinessesThis option is often the most cost-effective and strategic solution, especially when the registrant is a passive squatter.
Business-Driven Resolution → Trademark Assignment or Acquisition
When to Use:
When litigation is not the optimal solution
In some cases, the trademark is:
- Actively used in China
- Held by a commercially relevant entity
- Blocking urgent market entry, investment, or M&A plans
In such situations, negotiating a trademark assignment may be the most practical approach.
📌 Legal risks & procedures:
👉 China Trademark Assignment for Foreign Companies: Legal Process, Risks & Best PracticesAssignments require careful legal handling to avoid:
- Invalid transfer risks
- Payment disputes
- Post-assignment challenges
Which Remedy Should You Choose? (Decision Logic)
Under application
If trademark is still in publication period
Trademark Opposition
File within 3 months of publication
Registered < 3 years
If registered less than 3 years ago
Declaration of Invalidity
Based on bad faith or prior rights
Registered > 3 years & no real use
If registered over 3 years with no commercial use
3-Year Non-Use Cancellation
Most cost-effective against passive squatters
Commercial urgency or negotiated outcome preferred
When speed or business solution is priority
Trademark Assignment
Purchase rights through negotiation
China Trademark Recovery Decision Flowchart
flowchart TD
A[Foreign Company Discovers
Brand Registered in China
外国公司发现品牌在中国被注册] --> B[Step 1: Verify Trademark Status
第一步: 确认商标状态]
B --> C{Is the trademark
still under application?
商标是否仍在申请中?}
C -->|Yes/是| D[Scenario 1: File Opposition
方案1: 提起商标异议]
D --> E[Within 3-month opposition period
在3个月异议期内]
E --> F[Submit opposition to CNIPA
向国家知识产权局提交异议]
C -->|No/否| G{Has it been registered
for less than 3 years?
注册时间是否少于3年?}
G -->|Yes/是| H[Scenario 2: Declaration of Invalidity
方案2: 提起无效宣告]
H --> I[Based on bad faith or prior rights
基于恶意抢注或优先权利]
I --> J[File invalidation with CNIPA
向国知局提交无效宣告]
G -->|No/否| K{Registered > 3 years
with no genuine use?
注册>3年且未实际使用?}
K -->|Yes/是| L[Scenario 3: 3-Year Non-Use Cancellation
方案3: 三年不使用撤销]
L --> M[Most cost-effective option
最具成本效益的方案]
M --> N[Burden of proof on registrant
举证责任在注册人]
K -->|No/否| O[Scenario 4: Trademark Assignment
方案4: 商标转让]
O --> P[Negotiate purchase of trademark
协商购买商标]
P --> Q[Quickest but may be expensive
最快但可能成本较高]
F --> R[Trademark Recovery Successful
商标恢复成功]
J --> R
N --> R
Q --> R
R --> S[Re-apply or Use Trademark in China
在中国重新申请或使用商标]
style A fill:#e1f5fe
style D fill:#f3e5f5
style H fill:#e8f5e8
style L fill:#fff3e0
style O fill:#fce4ec
style R fill:#c8e6c9
Choosing the wrong path often leads to wasted time, cost, and procedural dead ends.
Common Mistakes Foreign Companies Make
Delayed Action
Waiting too long before taking action, missing critical deadlines
Re-applying Prematurely
Re-applying for the same trademark without clearing prior rights
Wrong Procedure
Filing the wrong legal procedure based on incorrect status assessment
Global Assumptions
Assuming global brand recognition guarantees protection in China
Insufficient Evidence
Underestimating evidence requirements under Chinese law
Early legal assessment is often the difference between recovery and permanent loss.
Why Early Action Matters in China Trademark Disputes
China’s First-to-File System
China operates under a first-to-file system. Once a trademark is registered and lawfully maintained, recovery becomes increasingly difficult over time.
Preserves Options
Taking action early preserves all procedural options
Strengthens Evidence
Improves evidentiary strength and documentation
Reduces Risks
Reduces enforcement and rebranding risks
Protects Access
Protects long-term market access and brand integrity
Conclusion: A Structured Legal Path Exists — If You Act Strategically
Having your brand registered by someone else in China does not automatically mean the loss of your trademark rights.
What matters is:
Understanding Legal Status
Accurate assessment of trademark status and timing
Selecting Correct Remedy
Choosing the right legal path based on specific circumstances
Proper Execution
Executing the process properly under CNIPA rules and deadlines
This guide serves as the central navigation point for foreign companies facing trademark conflicts in China, with each remedy explained in depth in the linked articles above.
FAQ
Q1: What if my brand name is already registered in China by someone else?
A: You may still recover the trademark through opposition, invalidation, non-use cancellation, or assignment, depending on the trademark’s legal status and timing.
Q2: Can a foreign company reclaim a trademark registered in bad faith in China?
A: Yes. Chinese trademark law allows foreign brand owners to challenge bad-faith registrations through invalidation or opposition procedures before CNIPA.
Q3: What is the most effective remedy against trademark squatters in China?
A: For registered trademarks with no real use, a 3-year non-use cancellation is often the most efficient and cost-effective option.
Q4: Can I simply re-apply for the same trademark in China?
A: No. Re-applying without removing the prior registration will almost always be rejected by CNIPA.
Q5: How long does it take to resolve a trademark dispute in China?
A: Depending on the procedure, resolution may take from 9 months (non-use cancellation) to several years (invalidation with appeals).
Take Action to Reclaim Your Trademark in China
Don’t let trademark squatting delay your market entry or compromise your brand integrity in China. Our experienced legal team specializes in trademark recovery for foreign companies.
Free Case Assessment
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Legal Strategy Session
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Success Rate Analysis
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Important: Early intervention significantly increases success rates in China trademark disputes. Contact us today to explore your options.
📌 Part of China Trademark Encyclopedia
This remedies hub is part of our comprehensive China Trademark Encyclopedia, which provides a structured legal framework for foreign companies protecting and enforcing trademark rights in China.
👉 China Trademark Encyclopedia – Complete Guide