China’s well-known mark scam revealed

Managing IP is part of Legal Benchmarking Limited, 1-2 Paris Gardens, London, SE1 8ND

Copyright © Legal Benchmarking Limited and its affiliated companies 2026

Accessibility | Terms of Use | Privacy Policy | Modern Slavery Statement

China’s well-known mark scam revealed

If you haven’t heard of some of the brands on China’s list of well-known trade marks, you aren’t alone. Many Chinese haven’t heard of all of them either. A scandal in Henan province that has seen nine lawyers and judges arrested this year in connection with a well-known mark scam might explain why

Caixin reports that the nine are being investigated over allegations that they worked together to ensure that certain trade marks were given well-known status.

Having a well-known mark offers prestige to a brand as well as giving its owners greater powers to block competing marks from the registry. It can be obtained in one of two ways in China: through administrative proceedings such as a trade mark opposition or cancellation action, and through litigation.

The Henan arrests have shone a light on scams in China that lawyers say see company executives pay an individual to infringe their mark. The company files a lawsuit against the willing defendant and in the course of the litigation a friendly judge agrees to declare the plaintiff’s mark well known.

They also come after China’s highest court, the Supreme People’s Court, issued a series of opinions explaining how judges should interpret and apply the country’s IP laws.

Lawyers from Hogan Lovells say that the Opinions from the Supreme People's Court of China on Giving Full Play to the Functional Role of Intellectual Property Trials explain that the courts should carefully examine evidence submitted in support of a claim for well-known status to prevent companies from deliberately creating trademark disputes as a means to seek the recognition of well-known trade mark, suggesting that China’s top judges are aware of scams similar to those alleged to have taken place in Henan.

Deanna Wong of Hogan Lovells told Managing IP that she believes the wide-ranging opinions have led to more reasonable, consistent rulings from Chinese courts.

But she added that while many brand owners focus on obtaining well-known status for their trade marks, there is still uncertainty over the exact level of additional protection it offers.

“Historically it was believed that registered well-known marks would be offered more protection in other classes. But does it also mean that owners of well-known marks will find it easier to enforce their marks?” said Wong. “It may not be as good a weapon as it should be.”

Have you had your mark declared well known in China? If so, share your experiences by clicking on the comment button above.

more from across site and SHARED ros bottom lb

More from across our site

Mid-market businesses looking to establish an online presence need ‘holistic’ brand protection services at an accessible cost, according to partners
Our latest update also includes the latest case filing statistics, and an update on how a transatlantic merger could be a UPC opportunity for the US half of the partnership
New partners, from biotech company Leyden Labs and Novartis, take the total number of partner hires to 12 since the firm took on external investment in late 2024
Labelled the ‘largest law firm merger in history’, the new outfit could also spell an opportunity for US clients to capitalise on Hogan Lovells' UPC expertise
Andy Lee and Amy Brooks of Brandsmiths explain how the firm secured a win for Peppa Pig over rival children’s character Wolfoo, in a case that centred on copied audio clips
Pedro Moreira outlines proposals by INPI that look set to open a discussion regarding biological materials, extracts, sequences, genetically edited plants, and computer programs
The combined firm, which has a newly appointed IP partner in London, brings together more than 3,500 practitioners across 52 offices, with flagship hubs in Seattle, London, Sydney and New York
A host of SEP-rich law firms, both leading arguments and as intervenors, are set to feature in the UK Supreme Court’s third FRAND episode, though one ground of appeal has been settled
Law firms are investing in generative engine optimisation and boosting their online presence in the hope of gaining a new client base
A decision on a licensing rate payable by Warner Bros and Paramount, and a survey outlining UK businesses’ lack of IP preparation ahead of launching abroad, were among other major talking points
Gift this article