CHANYONDCHINA TRADEMARK DESK

GUIDE 45 · DISPUTES AND ENFORCEMENT

How should a brand document suspected trademark infringement?

Preserve source, time, product and chain-of-custody questions.

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Checked: 2 November 2026 (official source pages); check updates before publication.

Direct answer

Build a reproducible evidence record: what was seen, where and when, what mark and product appeared, and how the record relates to a registered China right.

Preserve the original context

Save the public listing or advertisement URL, full page, date and time of access, seller account, product description, images and any visible transaction terms. Where the suspected activity is offline, record the physical place, product, packaging and chain of custody for samples. Do not replace originals with edited composites. If a screenshot is translated for an overseas decision-maker, retain the original Chinese and the translation together so later reviewers can check what the page actually said.

The 2019 Trademark Law defines the scope of a registered right by the approved mark and goods in Article 56, and lists infringement situations in Article 57. The revised 2026 law, effective 1 January 2027, has corresponding provisions in Articles 71 and 72. The evidence file should therefore include the registration certificate or official register record and a comparison of the specific sign and goods. Evidence of a “similar looking” logo without the registration scope and commercial context may not answer the legal question.

Keep provenance through the response

Assign an internal evidence number to each URL, screenshot, physical sample or correspondence item. Note who captured it, how it was obtained and whether the source was public. Preserve the original files and their metadata; later annotations should be copies. If a test purchase is contemplated, obtain professional guidance on legality, privacy and reliable documentation before acting. A complaint should state verified observations and the requested action without accusing a named party of fraud as a settled fact. Save the submitted complaint and response so the case can be reviewed or escalated with the same record.

Good evidence organization does not guarantee removal or a favorable decision. Platform rules, administrative processes and litigation have different proof and procedural requirements. ## Questions to resolve before action

  • Are the original source and capture time preserved?
  • Does the file show the sign, product and seller context?
  • Which registration and approved goods are relevant?
  • Can a reviewer reproduce the comparison without a modified image?

Official sources and scope

  • https://www.cnipa.gov.cn/art/2019/7/30/art_95_28179.html
  • https://www.cnipa.gov.cn/art/2026/6/26/art_3686_206940.html

As checked on 2 November 2026, the 2019-amended Trademark Law is the current law. The revised law was adopted on 26 June 2026 and is scheduled to take effect on 1 January 2027 (Article 87). A consultation draft is not an operative rule. Confirm the governing text and any final implementation or transition measure for the date of the specific matter. This article is ChanYond’s independent reading aid, not a CNIPA statement or case-specific legal advice.

A MATTER TO DISCUSS?

Start with the applicant, mark and official notice.

Prepare a brief ↗