China Trademark Pending? 4 Interim Measures to Suppress Counterfeits

China trademark pending 8–12 months? 4 interim measures—copyright, reporting, Anti-Unfair Competition Law, contracts—fight counterfeits now; new law Jan 2027.

We previously explained that a registered Chinese trademark is required to remove counterfeit listings on Chinese domestic e-commerce platforms. The problem is that trademark registration in China takes 8–12 months, and counterfeiters will not wait for your registration certificate before listing their goods. 

Without a Chinese trademark, you cannot use the formal trademark complaint channel — but you do not have to wait passively. Four lawful interim measures can put pressure on counterfeiters in the meantime.

1. Copyright complaints. China’s IP enforcement portal accepts copyright takedown notices. Original product photography qualifies as copyright-protected work. Submit raw image files with creation timestamps together with an ownership declaration, and you may file a complaint even without a trademark certificate.

2. The platform’s general reporting function. Every product listing includes an built-in reporting link, with categories for counterfeit goods and prohibited items. This channel operates separately from the formal intellectual property rights enforcement system and requires no rights certificate. It carries less deterrent power, but works well for scattered infringing listings.

3. Article 6 of the Anti-Unfair Competition Law. Where your product packaging or trade dress has acquired market recognition, you may rely on this provision. Article 6(1) prohibits unauthorised use of “the name, packaging, or trade dress of another party’s goods with a certain influence”, where such use is likely to cause market confusion. The critical threshold is “a certain influence”: you will need sales records and advertising evidence to prove that the packaging functions as a source identifier with acquired distinctiveness. This route does not require trademark registration, but it demands proof of market recognition.

4. Supplier contractual restraints. If the infringing seller is a factory you previously commissioned, tooling ownership and confidentiality clauses in your OEM contract are often your fastest leverage. Under the Civil Code provisions governing work contracts (承揽合同), Article 785 obliges the contractor (the factory) to maintain confidentiality and prohibits it from retaining copies or technical materials without the principal’s consent. Article 779 grants you the right to supervise and inspect production. Article 781 entitles you to contractual remedies for non-conforming work. If the factory continues using your moulds or technical data after the contract terminates, these contractual terms offer a faster, more direct remedy than trademark litigation.

None of these measures substitutes for a registered trademark. Without a Chinese trademark registration, you cannot manage large-scale infringement reliably or in batches. These tactics can, however, sustain pressure throughout the trademark application period and limit the spread of counterfeits.

Forward-looking note: The revised Trademark Law, taking effect in January 2027, empowers the China National Intellectual Property Administration (CNIPA) to cancel a registered mark on its own initiative if it remains unused for three consecutive years. Once you secure your trademark, preserve invoices, product listing records and advertising evidence from the outset.