Checked: 2 November 2026 (official source pages); check updates before publication.
Direct answer
Do not assume the foreign-language registration automatically controls the Chinese name. Verify the third party’s China record and build evidence of how the translated name arose and was used.
Identify the exact Chinese sign
A translated name may be a deliberate official brand name, a distributor’s local version, a customer nickname or a later adaptation. Put the Chinese characters, pronunciation, English sign, first-use records and applicant identities in one chronology. Search the China register for the exact sign and close variants, including the approved goods or services. Record whether the other mark is pending, preliminarily published or registered. A translation issue cannot be resolved from romanization alone.
Test the available legal ground
The 2019 Trademark Law contains different grounds relating to prior rights, relationships with a principal or other party, and bad-faith or deceptive registration. It does not make every later Chinese translation an automatic copy of an English mark. The 2026 revised law, effective 1 January 2027, reorganizes these registration conditions. A China professional should map the actual evidence and dates to the applicable ground, not simply label the third-party applicant a squatter.
Build a route-specific evidence file
Preserve dated Chinese packaging, listings, advertising, contracts, invoices, correspondence with translators or distributors, and customer references. Identify who authorized the Chinese name and who controlled it. If the third-party mark is only published, the opposition route and its applicable period may be relevant; if registered, invalidation may require a different showing. The current-law three-month publication window changes to two months under the 2026 law from its commencement, subject to any transition measure. Separate a formal trademark challenge from marketplace complaints or negotiations. ## Questions to resolve before action
- What are the exact Chinese characters and goods or services?
- Who chose or used the translation first, and what dated proof exists?
- What is the third party’s official mark status?
- Which ground and law apply to that status and date?
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
- https://www.cnipa.gov.cn/module/download/downfile.jsp?classid=0&filename=90e629cd05114970bb26ce028198002c.pdf
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.