International companies with visibility in China face a
persistent risk: third parties registering their brands without
their authorization. Such filings can block market entry, disrupt
product launches, and lead to costly legal disputes. This case
study outlines how we navigated the complex Chinese trademark
system to secure a client's rights, overcoming multiple
procedural hurdles over nearly two years.
Important to note is that while the client had considered China
as a potential market, they had not registered this mark in China
– exposing themselves to this risk.
The Threat Emerges
In November 2022, the client noticed that another company had
filed a trademark application identical to their own brand in one
class. The application had already passed preliminary examination
and was published for opposition. While the intent of the
third-party applicant was unclear, a successful registration could
have prevented our client from using their own brand in China.
