China IP · enforcement

Enforcing Your IP in China: Squatters, Counterfeits & Customs

Most foreign brands meet the same problems in China: a squatter registered the mark first, counterfeits appear on Chinese platforms, or copies leave Chinese factories for export. Each has its own procedure. We assess which one fits, then coordinate it through a licensed Chinese agency or PRC-licensed litigation counsel.

ZYL Law Firm coordinates IP enforcement in China for foreign rights owners: oppositions within three months of a mark's publication, invalidation of bad-faith registrations, non-use cancellation after three years without use, patent invalidation, complaints on Chinese e-commerce platforms, customs recordal to stop infringing exports, and administrative or court action. Chinese filings are submitted through a licensed Chinese agency we partner with, and litigation is handled by PRC-licensed lawyers through a Chinese law firm. Every matter starts with a written assessment and quote.

Reviewed by Yaling Zhou (licensed in China, New York, and Connecticut) and Lilan Zhu (PRC patent attorney qualification) · Rules reviewed:

Someone registered your mark first

OppositionFile within three months after the mark's preliminary approval is published. The cheapest point to stop a squatter.
InvalidationAfter registration, challenge marks filed in bad faith or conflicting with your prior rights. Most relative grounds must be raised within five years of registration; there is no limit for bad-faith registration of a well-known mark.
Non-use cancellationIf the registrant has not used the mark for three consecutive years without a legitimate reason, anyone can apply to cancel it.
Negotiated purchaseSometimes buying the registration is faster. We assess the leverage the procedures above give you before you negotiate.

Counterfeits and copies

Platform complaintsChinese e-commerce platforms run their own IP complaint systems and generally need a right registered in China.
Customs recordalRecord your trademarks, copyrights, and patents with China's General Administration of Customs so customs can detain infringing goods, including at export.
Administrative actionLocal market regulation authorities can investigate and penalize trademark infringement — often faster than a lawsuit.
LitigationCivil actions in Chinese courts, including specialized IP courts, handled by PRC-licensed lawyers through a Chinese law firm. Punitive damages of up to five times are available for willful, serious infringement.

Patent disputes

Patent invalidationChallenge a Chinese patent asserted against you before CNIPA's reexamination and invalidation department.
Utility model riskUtility models are granted without substantive examination, so asserted utility models are often worth testing for validity.
Your own assertionBefore enforcing your Chinese patent, check the claims against the accused product and the risk of an invalidation counter-attack.

How we work

  • Who filesChinese filings are submitted through a licensed Chinese patent and trademark agency that we partner with. ZYL Law coordinates the matter in English and reviews the work before filing. Chinese law requires foreign applicants to act through a licensed agency.
  • Litigation counselCourt proceedings are handled by PRC-licensed lawyers through a Chinese law firm; ZYL coordinates instructions and reporting in English.
  • Assessment firstWe start with a written assessment of the options, evidence needed, and cost of each route, then quote the chosen stage.

Who works on your China matter

Yaling Zhou

Yaling Zhou

Licensed in China, New York & Connecticut

Led foreign-client work at a Chinese IP firm for over ten years, handling thousands of trademark filings, reviews, oppositions, and disputes.

Lilan Zhu

Lilan Zhu

PRC patent attorney qualification (专利代理师)

Eight-plus years of foreign-related patent practice; handles China patent filings, Office Action responses, and PCT entry into China.

Jingwei Sun

Jingwei Sun

PRC lawyer · California attorney

Tsinghua Law graduate; coordinates Chinese copyright, commercial matters, and litigation counsel.

Tao Wang

Tao Wang

Overseas IP consultant

Former GE global patent operations; over 5,000 international IP matters. Advises on portfolio strategy and cross-border enforcement.

Frequently asked questions

Someone registered my brand in China. What can I do?

Depending on timing: oppose it within three months of publication, seek invalidation after registration if it was filed in bad faith or conflicts with your prior rights, or apply for cancellation if it has not been used for three consecutive years.

Can Chinese customs stop counterfeit exports?

Yes. Once your rights are recorded with China's General Administration of Customs, customs can detain suspected infringing goods, including goods leaving China.

Can I complain to Chinese e-commerce platforms with a U.S. registration?

Generally not. Chinese platforms usually require a trademark, copyright, or patent valid in China, which is one reason to register before launch.

Are damages in China meaningful?

Chinese trademark and patent law allow punitive damages of up to five times for willful infringement with serious circumstances, in addition to compensation.

Does ZYL Law appear in Chinese courts?

No. Chinese litigation is handled by PRC-licensed lawyers through a Chinese law firm. ZYL coordinates the matter in English and reports to you.

How much does enforcement in China cost?

It depends on the route. We start with a written assessment and quote each stage before it begins.

Primary sources

Platform rules, deposits, and fees change; confirm against your notice and the current platform rules before acting.

Attorney Advertising. This page is general information, not legal advice, and does not create an attorney–client relationship. ZYL Law Firm LLC is a U.S. law firm and does not practice PRC law. Chinese patent and trademark filings are submitted through a licensed Chinese agency we partner with, and Chinese litigation is handled by PRC-licensed lawyers through a Chinese law firm; ZYL coordinates the matter in English and reviews the work before filing. Fees are quoted per matter in writing, with official and third-party fees listed separately. No one can guarantee how an examiner or court will decide, and prior results do not guarantee a similar outcome. Engagement is subject to a conflict check.

Tell us what is happening in China

Send the registration number of the conflicting mark, links to infringing listings, or the documents you received to ip@zyllaw.com. We confirm the conflict check and send a written assessment and quote.

Email ip@zyllaw.com China trademark registration