What happens if a trademark is infringed in China ?

As an intellectual property lawyer with twenty years of experience practicing in China, I will provide a detailed overview of the forms of trademark infringement and the remedies available in China. This article will discuss the forms of trademark infringement in China, the remedies available for trademark infringement, and the expertise of Michael Xu's legal team in trademark infringement legal services.

I. Forms of Trademark Infringement in China

Unauthorized Use

1. Direct Use: Using a registered trademark identical or similar to the registered trademark without the permission of the trademark owner, on identical or similar goods or services.

2. Counterfeit Trademarks: Manufacturing, selling, or using signs similar to another's registered trademark to mislead consumers and cause confusion.

Counterfeit and Substandard Goods

1. Production and Sale of Counterfeit Goods: Producing and selling counterfeit and substandard goods using another's registered trademark, harming the trademark owner's reputation and consumer interests.

2. Circulation of Counterfeit Goods in the Market: Circulating and selling counterfeit goods in the market, infringing the trademark owner's legitimate rights and interests.

Domain Name Squatting

Malicious Registration of Domain Names: Maliciously registering domain names identical or similar to another's registered trademark in the internet domain, causing consumer confusion and harming the trademark owner's interests.

Infringement in Advertising and Promotion

1. Improper Use in Advertising: Using another's registered trademark in advertisements without authorization, misleading consumers.

2. Infringement in Promotional Materials: Using another's trademark in promotional materials, packaging, and manuals without authorization.

II. Remedies for Trademark Infringement

Administrative Measures

1. Filing Complaints with the Administration for Industry and Commerce (AIC): Trademark owners can file complaints with the AIC to seek administrative rulings and support.

2. Requesting Administrative Enforcement: Requesting the AIC to investigate and penalize infringing activities.

Civil Litigation

1. Filing Trademark Infringement Lawsuits: Trademark owners can file lawsuits in the people's courts to seek cessation of infringement and compensation for damages.

2. Applying for Injunctions: During litigation, trademark owners can apply for injunctions to require the infringer to stop the infringing activities immediately.

Mediation and Arbitration

1. Mediation: Resolving trademark disputes through mediation to save time and costs.

2. Arbitration: Resolving trademark disputes through arbitration to avoid lengthy litigation procedures.

Criminal Prosecution

Severe Infringement: For severe cases of trademark infringement, the infringer may face criminal liability and be prosecuted.

III. Professional Services of Michael Xu's Legal Team

Michael Xu's legal team has over 15 years of extensive experience in trademark infringement legal services in China. We are dedicated to providing comprehensive trademark protection and enforcement solutions to help clients effectively safeguard their trademark rights in the Chinese market.

Team Background

1. Michael Xu's legal team comprises experienced lawyers and trademark experts specializing in trademark infringement legal services for 15 years, accumulating extensive experience.

2. We have accumulated rich experience in handling trademark infringement cases for well-known domestic and international companies, providing clients with the best legal solutions.

Professional Expertise

1. We stay abreast of the latest developments in trademark protection laws and practices both domestically and internationally to provide clients with cutting-edge legal advice.

2. We excel at handling complex trademark infringement investigations and claims, ensuring maximum protection of our clients' legal rights.

Success Stories

1. We have successfully managed numerous trademark infringement cases for well-known domestic and international companies, effectively safeguarding their intellectual property.

2. Our professional services and outstanding results have earned unanimous recognition and high praise from our clients.

Through our professional services, foreign companies can ensure their trademarks are fully protected in China and receive the most professional legal support and solutions when facing trademark infringement issues.