Wenjie Zhou

Wenjie Zhou is a trademark attorney based in Jiayuguan, Gansu Province, with eleven years of experience in intellectual property law, focusing on trademark registration, brand protection, and anti-counterfeiting enforcement for domestic and international clients.

Practice Focus

Trademark Registration in China Mr. Under the Chinese Trademark Law, trademarks may consist of words, , letters, numbers, three-dimensional signs, color combinations, and combinations of these elements, provided they are distinctive and capable of distinguishing the goods or services of one undertaking from those of others. China operates a first-to-file system, meaning that trademark rights are granted to the first party to file an application, regardless of prior use in other countries.

Trademark Enforcement and Anti-Counterfeiting When a registered trademark is infringed, Mr. Zhou advises on the available enforcement options. Under the Trademark Law, the trademark holder may file an administrative complaint with the local Administration for Market Regulation, which has the authority to investigate and order cessation of the infringing activities, confiscate and destroy infringing goods, and impose administrative fines.

Alternatively, the trademark holder may file a civil lawsuit seeking injunctive relief and damages, or, in cases of serious infringement, a criminal complaint with the public security authorities. Trademark Portfolio Management For brand owners with multiple trademarks, Mr. Zhou provides portfolio management services designed to maintain and optimize the value of their trademark assets.

Zhou's portfolio management practice includes advising on trademark use requirements under Chinese law. Unlike some jurisdictions that require proof of use to maintain trademark registrations, China does not impose a use requirement during the initial three years following registration. However, after three years, a registered trademark that has not been used for three consecutive years becomes vulnerable to cancellation by any interested party.

Zhou advises on the strategies for obtaining well-known trademark recognition in China. Well-known trademarks enjoy broader protection, including protection against dilution and the right to prevent registration of identical or similar marks for dissimilar goods or services. Zhou advises on border enforcement measures available to trademark holders under Chinese customs regulations.

Registered trademarks may be recorded with the General Administration of Customs, enabling customs authorities to proactively detain suspected counterfeit goods at ports of entry and exit. He has successfully intercepted multiple shipments of counterfeit goods at various ports, including at the Lanzhou customs district.

This system creates significant risks for foreign brand owners who delay filing in China, as trademark squatters may register well-known foreign marks in China before the legitimate owner does. Zhou advises foreign clients on the importance of early trademark filing in China, ideally before entering the Chinese market, and manages the filing process including classification of goods and services under the Nice Classification system, preparation of the application documents, and response to office actions from CNIPA examiners.

Foreign applicants who do not have a business address in China must file trademark applications through a domestic trademark agency recognized by CNIPA. Zhou's firm holds the required qualifications and handles the full range of trademark prosecution matters for foreign clients, including filing, examination response, publication, opposition defense, and registration certificate collection.

Zhou has experience coordinating anti-counterfeiting operations across multiple provinces in China, working with local enforcement authorities to conduct raids on manufacturing facilities and distribution networks producing and selling counterfeit goods bearing his clients' trademarks. He advises clients on evidence collection strategies, including notarized purchases of counterfeit goods, and manages the administrative and criminal enforcement procedures.

Fluent in English and Mandarin Chinese, he is a member of the International Trademark Association (INTA) and regularly attends INTA conferences to stay current with international trademark practice developments. Zhou advises clients on maintaining proper records of trademark use in China, including evidence of product sales, advertising and promotional materials, trade show participation, and other commercial activities that demonstrate genuine use of the mark in connection with the registered goods and services.

For well-known foreign brands, Mr. Zhou assists clients in building the evidentiary record required for well-known trademark recognition, including evidence of market share, geographic reach, advertising expenditure, and consumer recognition.

Zhou manages the customs recordal process and coordinates with customs authorities when his clients suspect that counterfeit goods bearing their trademarks are being imported into or exported from China.

from Renmin University of China.