Authorities adopt cautious approach to trademark infringement

It is easy to find many examples of trade mark infringement in China where infringers are looking to free ride on the backs of famous international trademarks. What may look like an obvious infringement to a rights owner may, however, be approached much more cautiously by the administrative authorities. This is particularly so where the infringer has a pending application for the look-alike mark or where the infringement is not completely straightforward. The authorities' increasing caution means that rights holders must be prepared before filing administrative complaints. To maximise their chances of success, rights owners must therefore establish the status of the look-alike marks being used and be ready to take a more creative approach to arguing infringement.