At 10:00 a.m. on April 26, the General Office of the State Council quietly posted the 2025 Administrative IP Protection Work Plan on the State Council App. Six ministries—SAMR, CNIPA, MOFCOM, MCT, NRTA, and NCHA—for the first time added “time-honored Chinese brands and cultural-heritage-related trademarks” to the action list and explicitly warned that “coattail-riding” will trigger “maximum administrative penalties + joint sanctions.”
Translation: free-riding on old-brand goodwill may now be a criminal offense.
I. TL;DR the Plan: Three “First-Evers” to Screenshot
The Plan’s never-before-seen hard clauses boil down to three bulletproof takeaways:
-
If you’re an “old-name” or “heritage” mark, you now get cross-class protection—no one can hitch a ride in any Nice class.
-
Anyone who files three malicious applications within three years is auto-blacklisted and locked out of the trademark system entirely.
-
The administrative-to-criminal hand-off line is set at RMB 500 k in turnover—hit it and the case must be referred to the police.
First-Ever Highlights | Exact Wording | Business Impact
First time “old-name” brands named as an annual priority | “Strengthen protection of renowned marks such as China Time-Honored Brands and heritage-related marks” | Famous marks can block across classes; opposition win rate ↑
First “malicious-filing blacklist” | “Create a three-strikes-in-three-years registration ban on infringers” | Squatters get IP-locked
First clear criminal trigger | “Cases ≥ RMB 500 k must be referred to public security” | 500 k = automatic criminal filing threshold
II. Three 2025 Penalty Cases—A 30-Day Opposition Playbook
Case 1: Pinduoduo “Feichi” blank fans – RMB 39 k fine
• Facts: A Jingxian culture firm sold blank hand-fans on Pinduoduo marked “Feichi”; sales = RMB 39,681.06.
• Sanction: confiscation + 1× turnover fine.
• 30-day opposition sprint:
Day 1-3 E-notarization: right-holder fixes product page via Zhejiang IP blockchain platform.
Day 4-7 Platform takedown: Pinduoduo removes listing within 48 h.
Day 8-30 Administrative action: file penalty request to Jingxian AMR with blockchain hash; penalty decision on Day 30.
• Hack: blockchain evidence + platform complaint compresses the process to 30 days.
Case 2: Cross-province hoarding of “Cuiyunlang” & “Emei Mountain” – RMB 12 k fine + blacklist
• Facts: He Mou-sheng filed 102 scenic-spot marks across provinces; 36 registered, flipped for RMB 4 k.
• Sanction: RMB 12 k fine + three-year filing ban.
• 30-day opposition sprint:
Day 1-3 Opposition: Emei Mountain Admin files “non-use intent” opposition within 3-month window.
Day 4-20 Evidence dump: annual site visits, CCTV doc screenshots, visitor stats = “fame package.”
Day 21-30 CNIPA ruling: all 36 marks invalidated within 30 days.
• Hack: scenic-spot oppositions have a 92 % win rate—if you submit the full fame package at once.
Case 3: Snack shop RMB 1 k ticket – “Shanggan” old-name hijacked
• Facts: A Changle shop used “Shanggan” on signage, menus, Meituan & Ele.me without licence; 200+ daily delivery orders.
• Sanction: tear-down order + RMB 1 k fine.
• 30-day opposition sprint:
Day 1 Spot: Fuzhou Shanggan Catering finds store via Meituan monitoring tool.
Day 2 Complaint: upload Reg Cert + Licence in Meituan IP portal.
Day 3-5 Takedown: store delisted in 48 h.
Day 6-30 Admin: file penalty request to Changle AMR; penalty decision on Day 30.
• Re-usable SOP: “Meituan/Ele.me back-end IP report” = 100 % takedown within 30 days.
III. 30-Day Opposition SOP—Official Workflow as a To-Do List
Day | Action | Official Channel | Must-Have Docs
D1 | Evidence spotting | Field checks / e-commerce crawlers | Screenshots, screen recordings, timestamps
D2-D3 | Administrative complaint | 12315 / local AMR WeChat mini-programs | Reg certificate, licence letter
D4-D10 | Evidence fixation | Notary office / blockchain deposit | Web notarization, purchase notarization
D11-D20 | Opposition / invalidation | CNIPA online portal | Opposition brief + evidence bundle
D21-D30 | Penalty follow-up | Local AMR | Administrative penalty request
Closing Callback
Old-brand enforcement used to average 13 months; the six-ministry plan now compresses it to 30 days.
Forward this thread, tag your legal and brand directors, finish a self-audit before midnight tonight, and walk into tomorrow’s stand-up with an opposition receipt in hand.
Let’s make sure the next trending topic isn’t your own knock-off store.