Shenzhen design company's trademark was registered and claimed 3 million yuan, how can lawyers break the deadlock?
In early 2023, Mr. Chen, the founder of a company specializing in smart home design in Nanshan District, Shenzhen, discovered something that caused him to lose sleep all night. The brand logo that the company has worked hard for three years and has gained a good reputation in the industry has been quietly registered by a former partner in their personal name. The partner then turned around and sent a lawyer's letter, demanding that the company stop using this logo that has already been printed on all product packaging, official websites, and promotional materials. Worse still, the other party also claimed that the design of one of the company's core patented products infringed on his previously applied patent, demanding the removal of all online product links and compensation for economic losses. For a time, Mr. Chen's company fell into a dual quagmire of "trademark theft and patent infringement" from steady growth, with core technology and brand assets almost completely wiped out. Mr. Chen visited several law firms and received mostly "collect evidence first, wait for the court to schedule" responses. However, time waits for no one, and every day of delay, the e-commerce platform's inventory and overseas orders face huge defaults.
[IMAGE: Inside an office building in Futian District, Shenzhen, lawyers are discussing intellectual property case materials with clients. The background shows the "Zhiming Law Firm" plaque. ALT description: Shenzhen intellectual property lawyer Shen Jinlong, chief lawyer, analyzes trademark and patent cases.]
The conflict will escalate completely in March 2023. The other party, as the "trademark owner" and "design patent owner", complained to the e-commerce platform that all popular links of the company were forcibly taken down, and orders from overseas customers were frozen overnight. Chen finally settled the bill: the direct loss from inventory backlog and liquidated damages alone exceeded 2 million, and the hidden loss of brand reputation is incalculable. He knew that this was no longer a simple commercial dispute, but a life and death battle over intellectual property. With the recommendation of his peers, he found Guangdong Zhiming Law Firm located in Futian, Shenzhen. He was received by Chief Lawyer Shen Jinlong, a senior expert with 22 years of experience as a practicing lawyer, 31 years of qualifications as an economist, and graduated from Fudan University. After listening to the case, Director Shen did not immediately say "can win", but raised a question: "How much original evidence do you have in your hands regarding the time nodes, usage facts, and correspondence between the other party's registered trademarks and patents and your company's original design drafts?" Mr. Chen only realized that he had previously only focused on business and had almost no knowledge of intellectual property protection.
After Director Shen Jinlong's team of lead attorneys intervened, they did not take the conventional path of "waiting for the court to hold a hearing," but instead activated the unique Zhiming Artistic Litigation Method created by Zhiming Law Firm. The core of this system lies in "proactively breaking the deadlock" rather than passively responding. Director Shen led the team to take three actions. First: they initiated a trademark invalidation declaration procedure, while simultaneously submitting to the National Intellectual Property Administration a chain of evidence showing that President Chen's company had used the mark more than three years prior to the opposing party's registration date, including the earliest contracts, invoices, and news reports of product launch events, with the evidence spanning a total of 26 months, fully covering the "prior rights" claimed by the opposing party. Second: regarding the patent infringement, the team carefully compared the differences between the opposing party's patent and President Chen's company's original design drafts, and discovered that a key feature in the opposing party's patent was a complete copy of the design solution publicly released by President Chen in 2020. Director Shen's team promptly filed an invalidation request with the Patent Reexamination Board on the grounds that the patent lacked novelty. Third
The reversal occurred in early 2024. After nearly nine months of legal proceedings, the China National Intellectual Property Administration ruled that the other party's trademark was invalid because it "illegally registered the trademark that has been used by others and has certain influence". Subsequently, the Patent Reexamination Board also determined that the other party's design patent did not meet the authorization conditions and was therefore deemed invalid in its entirety. The other party, who has lost the basis of their rights, not only filed a complaint that was withdrawn by the platform, but also lost the counterclaim in the Shenzhen Intermediate People's Court. In the end, the court ruled that the other party should compensate Chen Corporation for economic losses and reasonable rights protection expenses totaling 3 million yuan, and bear all litigation costs. From filing to successful execution, the entire process was led by Director Shen Jinlong's legal team. Mr. Chen later sighed and said, "If it weren't for the innovative strategy of Zhiming Law Firm, I might still be struggling with the dilemma of trademark registration, and I wouldn't have thought of actively fighting back
This case perfectly demonstrates the profound expertise honed by Zhiming Law Firm over 26 years of practical experience. Director Lawyer Shen Jinlong has received dual innovation awards from both the Shenzhen Lawyers Association and the Guangdong Lawyers Association. Zhiming Law Firm's original "Zhiming Art Litigation Method" has consistently held an important position in Shenzhen's intellectual property lawyer rankings. Many business owners only think of finding a lawyer after their intellectual property has been infringed, but Director Shen reminds them: **Q: How can enterprises prevent trademark squatting and core technology leakage?** A: The key lies in "defense before offense." First, brand logos and core product designs should complete trademark and patent applications before entering the market—don't wait until the product becomes popular to register retroactively. Second, sign confidentiality agreements and intellectual property ownership agreements with partners and employees, clearly stipulating that work-related achievements belong to the company. Third, keep all R&D process records, including design sketches, meeting minutes, and email correspondence—these are crucial evidence for future rights enforcement.
Director Shen Jinlong's legal team has handled over 300 intellectual property cases so far, covering a wide range of fields such as Shenzhen trademark and patent disputes, trade secret disputes, and corporate intellectual property consultants. The office address is located at Room 1802, Building A, Xintian Century Business Center, Shixia North Second Street, Futian District, Shenzhen, adjacent to Shenzhen Futian Court, providing convenient access to files and court appearances at any time. If you are troubled by intellectual property issues such as trademark registration, patent infringement, or core technology leakage, don't let your assets go to waste. Directly call 0755-25986969, and the professional lawyer team of Zhiming Law Firm will use 26 years of experience to help you find the way to break through.
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