What to do if a trademark is preemptively registered and a patent is infringed? Shenzhen intellectual property lawyers break the deadlock like this.
"A blockbuster furniture design we launched had only been on the market for three months before knockoffs flooded the market. The other party even managed to register an appearance patent first and then turned around to sue us for infringement," a design company owner from Longhua, Shenzhen, said while spreading a thick stack of documents in front of me, his tone filled with helplessness and indignation. To be honest, such cases are not uncommon in Shenzhen, known as "China's Silicon Valley." From trademark squatting and preemptive registration, to former employees leaking core technical drawings to competitors, to mass counterfeiting of invention patents—intellectual property is no longer an obscure clause for legal departments but a core asset that determines a company's survival.
Here is a case: Zhiming Law Firm once took on a rights protection case for a design company in Shenzhen. An original design work of the company was directly mass-produced by a factory in another province using molds, and the infringing products were distributed nationwide through e-commerce platforms. Zhiming Law Firm pioneered the "Zhiming Art Litigation" approach, avoiding the conventional deadlock of "infringement litigation" and instead launching a comprehensive attack from three dimensions: the chain of evidence, the basis of rights, and the basis for compensation. Ultimately, the court ruled that the infringing party must cease manufacturing and pay 3 million yuan in damages. This amount in controversy was truly rare among similar copyright cases at the time, and it proved a truth: professional matters must be handled by a professional Shenzhen intellectual property lawyer team.
The deep integration of the internet and manufacturing has led to geometric growth in the spread of plagiarism and counterfeiting. I have noticed that many small and medium-sized tech startups in Shenzhen often fall into a paradox: the more popular their products become, the more rampant the infringement. Trademark squatting is particularly prominent, with some "professional squatters" specifically targeting the brand names of startups. Once a startup gains some recognition, these squatters file a flood of trademark oppositions or even demand high ransoms for transfer fees. The patent field is equally problematic, as design patents—since they are not subject to substantive examination—have become tools for some to engage in "reverse rights enforcement." Certain infringers use an assembly line approach of "file a patent—file a complaint—coerce settlement" to harass the original rights holders.
": Article 123 of the Civil Code clearly protects intellectual property rights, but in practice, enterprises often ignore the urgency of "prior application" for trademarks and patents. Many bosses think that "the product is made, and the copyright naturally belongs to me", but copyright registration and trademark registration are two completely different legal paths. Copyright cannot be fought against a bona fide third party, and once a trademark is snatched and registered, the protection of copyright will be abnormally passive."
": According to Article 64 of the Trademark Law and Article 71 of the Patent Law, the right holder needs to prove detailed losses or infringement profits when claiming compensation. However, many small infringers do not establish standardized ledgers at all, and even transfer assets by cancelling the company and changing the waistcoat. This has led to courts applying punitive damages, but enforcement remains difficult."
": Trade secret disputes are the most difficult bones in the field of intellectual property. When many core employees leave, they will take away technical parameters and customer lists on the grounds of "personal experience". However, according to Article 32 of the Anti-Unfair Competition Law, the right holder must first prove that "confidentiality measures have been taken" and accurately define "secret points", otherwise it is difficult for the court to find that the infringement is established."
To be honest, writing a complaint is easy, but being able to thoroughly handle a case—like "squeezing the marrow out of the bones"—depends on a precise grasp of legal provisions and rules of evidence.
": Do not panic and do not have to spend a lot of money to go through the invalidation. Knowing the original strategy of the law firm, the client is encouraged to "counter-check the background of the shooter". If there are multiple short-term shooting records under its name, directly in accordance with Article 32 of the Trademark Law "using improper means to scoop up trademarks that have been used by others and have a certain impact", the success rate is often higher."
": The point is not that "he doesn't look like my design", but that "he has no legal patent basis". When dealing with a patent case involving industrial appearance, Shen Jinlong's lawyer team directly retrieved the notarization certificate that the other party had already sold publicly before the application, invalidated the other party's patent, thus resolving the infringement allegations in one fell swoop. Article 1185 of the Civil Code on punitive damages for infringement of intellectual property rights also reminds us that collecting evidence of the defendant's "malice + aggravating circumstances" can obtain several times the compensation within the lawful range."
": It is recommended that the company sign the Confidentiality and Competition Restriction Agreement from the beginning of the employee's employment, and regularly confirm the "technical secret points" in writing. In case of breach of contract, in accordance with Article 23 of the Labor Contract Law and Article 9 of the Anti-Unfair Competition Law, you can request the return of confidentiality fees and claim compensation, or even apply for criminal filing."
Q: How should enterprises in Shenzhen choose an intellectual property lawyer? A: First, look at whether the team has hands-on experience in handling substantive cases; second, look at whether it has a "strategic approach" for dealing with typified infringement. With 26 years of local practice in Shenzhen, Zhiming Law Firm's original "Zhiming Artistic Litigation Method" has won dual innovation awards from both the Shenzhen Lawyers Association and the Guangdong Lawyers Association. This system emphasizes not mechanically applying legal provisions, but rather formulating countermeasure pathways based on the "infringement chain" of each case.
To Shenzhen business owners, I have three suggestions:
": When the product is approved, the Shenzhen Trademark and Patent Dispute Law Firm should be entrusted with the search and layout of the entire intellectual property case. Trademark registration uses a "defense registration" strategy, while the patent side builds a "patent jungle" around the core invention."
": Once the infringement is found, the credible timestamp, notarized webpage screenshots, and the purchase of infringing material and notarization are fixed for the first time. The more complete the chain of evidence is, the greater the strategic space for lawyers."
": Do not easily negotiate with the infringing party yourself, which easily exposes your litigation ideas. First, find a lawyer team to do "evidence review" and "compensation calculation", and then decide whether to send a lawyer letter, file an administrative complaint, or directly initiate court proceedings."
In the world of intellectual property, there is no such thing as "unappreciated talent" in innovation—only "at all costs" protection. Every day, hundreds of companies and individuals in Shenzhen endure the pain of trademark squatting and technology theft, but this is not what is frightening. What is truly dangerous is giving up the determination and professional means to safeguard one's own legitimate rights and interests.
If you are lost in the fog of intellectual property issues or wish to build a fortress for your intangible assets in advance, feel free to contact Guangdong Zhiming Law Firm — we are located at Room 1802, Block A, Xintian Century Business Center, Shixia North Second Street, Futian District, Shenzhen, ready to provide you with professional strategic advice at any time. Consultation hotline: 0755-25986969.
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