Protecting Your Trademark or Design When It’s Infringed in China——A Practical Guide for Foreign Brands

If your brand, trademark, or product design is being copied, counterfeited, or misused in China, you are not alone. China is the world’s largest manufacturing and e-commerce market, and foreign brands commonly face unauthorized use of their IP—from copied products to trademark hijacking to large-scale counterfeits sold online.

The good news: China’s current IP enforcement system is far stronger, more predictable, and much faster than many foreign companies assume. With the right strategy, you can remove infringing products, stop counterfeiters, recover control over your brand, and even pursue damages.

This article explains what foreign companies can do—and how an attorney with China-law experience can protect your rights.

1. The Most Common IP Problems Foreign Companies Face in China

Foreign brands usually encounter one or more of the following situations:

1. Counterfeit products sold on Chinese e-commerce platforms

Taobao, 1688, Pinduoduo, DHgate, and other platforms often host sellers copying your product, packaging, logo, or images.

2. Bad-faith trademark registrations

A Chinese company files your trademark before you ever enter China’s market, then uses the registration to block your products or demand money. This is extremely common and must be handled strategically.

3. Unauthorized factories producing your product design

A manufacturer that once produced goods for you might begin selling your design to others—or reusing your molds, designs, or trade dress.

4. Export-only counterfeit goods

Products bearing your brand may be produced in China solely for export to global markets such as Amazon US or EU stores.

5. Copycat social media or branding

Some Chinese companies use your brand on WeChat, Little Red Book, TikTok/Douyin, or Weibo to attract customers.

If any of these situations applies to you, swift action matters.

2. What You Can Do to Stop Infringement in China

A. If your trademark or design is already registered in China

This gives you strong protection. You can:

• Request immediate take-downs on all major Chinese platforms

• File administrative complaints with market regulators

• Demand the factory stop production

• File civil litigation or administrative penalty actions

• Claim damages and attorney fees

• Block counterfeit exports through customs

China’s IP system heavily favors registered rights.

B. If your trademark or design is not registered in China yet

You still have options:

• File a China trademark application immediately (first-filed wins)

• Challenge the infringer’s trademark through:

  • Opposition

  • Invalidation

  • Non-use cancellation

• Request certain takedowns based on evidence showing your mark is distinctive or well-known

• Use copyright and unfair competition law in specific cases

• Pressure the factory or seller with legal notices and negotiations

Even without a registration, you can move quickly to reduce damage and start building your legal position.

3. How the Enforcement Process Works in Practice

Step 1: Collect evidence

Screenshots, platform URLs, seller info, product photos, and any contracts or proof of brand ownership.

Step 2: Identify the infringer’s location and scale

Is it a small seller? A major factory? A distributor?This affects strategy and cost.

Step 3: File platform complaints (fastest action — removal within days)

Platforms such as Alibaba, Taobao, 1688, Pinduoduo, Douyin, and JD.com have structured IP takedown systems.Well-prepared complaints often succeed within 24–72 hours.

Step 4: Administrative enforcement (AMR raids)

Local market regulators can raid factories, confiscate goods, and issue fines.This is effective for production-level infringement.

Step 5: Customs recordation & export seizure

China Customs can stop counterfeit goods from leaving the country once your trademark is recorded.

Step 6: Litigation for damages

Useful when you need compensation or want to send a strong message to repeat infringers.

4. What Foreign Companies Often Do Wrong

These mistakes make cases more expensive and harder:

• Assuming China is “impossible” to enforce in (it is often easier than the US/EU)

• Not registering trademarks early

• Letting manufacturers keep molds/designs without clear contracts

• Waiting too long to take action

• Paying money to “trademark squatters” instead of challenging them legally

• Handling disputes through emails instead of structured legal notices

A strong strategy at the beginning saves months of time and thousands of dollars.

5. How a China-Focused Attorney Helps You

An attorney experienced in China IP and cross-border disputes can:

• Assess your current IP protection status

• File or strengthen trademark/design registrations

• Remove infringing listings on Chinese platforms

• Deal with Chinese factories producing unauthorized goods

• Negotiate settlements with infringers

• Coordinate administrative enforcement, customs seizures, or lawsuits

• Communicate with Chinese authorities and platforms in Mandarin

• Provide bilingual evidence and filings

• Connect your China enforcement strategy with your global brand protection plan

Most importantly, you get someone who can translate the China legal system into clear business outcomes.

6. What You Should Do Immediately If Your IP Is Being Infringed in China

1. Gather screenshots and URLs of all infringing products

2. Confirm whether your trademark/design is registered in China

3. Stop communicating with the infringer on your own (avoid mistakes)

4. Send materials to a China-law attorney for review

5. Begin immediate takedowns to control damage

6. Develop a longer-term strategy (registrations, oppositions, litigation if needed)

Acting quickly protects your brand, your customers, and your long-term market.