Defending An International Brand In China

Introduction

Foreign companies with brand visibility in China are vulnerable to trademark filings by unauthorized third parties. Such registrations can block legitimate market entry, disrupt business strategy, and trigger costly disputes. A recent case illustrates how China's first-to-file system operates in practice, and the mechanisms available to brand owners to protect their rights.

The Unauthorized Filing

In 2022, a third party applied for a trademark identical to that of an existing international brand. The application successfully passed preliminary examination and entered the opposition period. Without intervention, approval of the application would have prevented the brand owner from registering and using its mark in China.