During its annual meeting in San Diego, California, the International Trademark Association (INTA) officially released its Annual Review of Chinese Case Law (2025). The report takes a bird's-eye view of milestone cases— ranging from prosecution to litigation, and cutting across bad-faith filing, imposed sanctions, and injunctive relief—and provides an insider analysis of the impact on the pace and shape of trademark rights protection in China.
The INTA China Case Law Project Team, comprising renowned Chinese trademark law experts, has systematically documented the main IP happenings in the past few years and highlighted noteworthy trademark case trends that affect companies of all sizes and from all industry sectors, both in and outside of China. Han Kun lawyer, Ms. Xiaomeng Dong, participated in the compilation and drafting work as a member of the project team.
Recent Chinese case decisions highlight several noteworthy trends:
An overly strict approach to absolute grounds examination and intent-to-use requirements.
Drastic measures against bad-faith filings leading to increased use requirements in non-use cancellation, which is equally alarming to infringers and legitimate brand owners.
New offshoots in the expanded use of unfair competition grounds to capture anti-competitive behaviors arising out of the digital environment.
A more refined methodology of base calculation in damages awards and actionable strategies for effective enforcement.
With nearly 200 IP professionals, Han Kun has built up a full-scope legal services practice that spans the entire IP lifecycle. We not only excel in the tactical handling of IP litigation and disputes involving patents, trademarks, copyrights, trade secrets, and industrial designs, but are widely recognized for handling IP prosecutions, as well as IP-related transactions in conjunction with commercial practices, including IP due diligence, IP valuation, data compliance, and strategic IP portfolio management. Our practice covers a wide range of technical fields, including semiconductors, IT and software, telecommunications, computer science, machinery, chemistry, biomedicine, and medical devices, among others.
