The situation: A foreign company entering the Chinese market discovers that its globally recognised trademark has been registered by a local party before its arrival.
Applicable law: China follows the first-to-file principle rather than first-to-use. However, Article 44 of the Trademark Law (2019) allows registration to be cancelled if bad faith is proven or similarity with a well-known mark is established under Article 13. Globally well-known marks enjoy special protection.
Typical outcome: Filing an opposition with the China National Intellectual Property Administration (CNIPA) within 5 years of registration, or a lawsuit usually taking 1-3 years, with the possibility of recovery if strong evidence of bad faith is available.
📑 Commercial cases · Awareness case
Trademark Squatting — When Someone Else Registers Your Brand in China · Yalla China
🤝 Governing law: 商标法 / Trademark Law 2019; 知识产权保护 / IP Protection
A foreign company discovers its trademark has been registered by a third party in China — can the rights be recovered?
Illustrative, general educational examples — not real specific facts and not legal advice; for awareness only. For an actual situation, consult a licensed lawyer.
🎓 The lesson / takeaway
Lesson: Register your trademark in China before entering the market, even if you have not started operating yet. The cost of early registration is far lower than the cost of litigation to recover a stolen mark.
🕒 Updated: 16 March 2026