Recently, Lao Yang from Putui Intellectual Property encountered a case where a foreign client’s trademark was preemptively registered by a domestic Chinese company. Searches confirmed the hijacked mark falls exactly within the foreign company’s core subclass.
The hijacked trademark is currently in its announcement period. If the Chinese registrant has a distribution or agency relationship with the foreign company, this can be grounds for opposition. Alternatively, if the foreign trademark is well-known, it may qualify for cross-border protection. However, investigations suggest it’s likely a new brand—not yet well-known—requiring alternative opposition strategies.
Critical Action:
While filing the opposition, the foreign company should simultaneously apply to register its trademark in China to secure rights.
Key Takeaway:
Whether foreign brands in China or Chinese brands abroad, proactive trademark registration is essential. Once hijacked, reclaiming rights demands significantly more time and effort—with no guaranteed success.