China’s Proactive Measures in Combating Malicious Trademark Registrations: A Case Study of DeepSeek Marks

A significant development in China’s intellectual property landscape emerged on February 24, 2025, when the China National Intellectual Property Administration (CNIPA) published an official notice on its website that garnered substantial public attention. The notice revealed that the Office had rejected a total of 63 trademark applications incorporating the “DEEPSEEK” word mark and its distinctive whale design.This decision was primarily based on the AI model’s established reputation and widespread public recognition, which had skyrocketed following a remarkable surge in user adoption during the 2025 Chinese New Year holiday period, propelling DEEPSEEK to become a leading AI phenomenon.

• Analysis of the Grounds of Refusal

While the specific grounds for refusal were not explicitly disclosed in the CNIPA notice, a preliminary analysis suggests several plausible legal bases for the decision.

1. Bulk Filings by Shenzhen Fubeijian Synthetic Biotechnology Co., Ltd.

Among the 63 rejected applications, 54 were filed by Shenzhen Fubeijian Synthetic Biotechnology Co., Ltd., a company incorporated on April 8, 2024. Notably, within just 10 months of its establishment, the company submitted an extraordinary total of 316 trademark applications in China. Although the company’s core business is limited to functional and health foods, its trademark filings span nearly all classes of goods and services, with the sole exception of Class 13 (firearms and ammunition).

This pattern of behavior strongly suggests that Article 4 of China’s Trademark Law may have been invoked, which prohibits trademark applications filed in bad faith without intent to use. Key factors supporting this conclusion include:

• The unusually high volume of 316 applications filed within a short 10-month period;
• The indiscriminate coverage of 44 out of 45 trademark classes, far exceeding the scope of the company’s actual business operations;
• The apparent lack of correlation between the majority of the designated goods/services and the company’s stated business activities.

2. Systematic Targeting of Well-Known AI Brands by Suzhou Pifan Intelligent Technology Co., Ltd.

Suzhou Pifan Intelligent Technology Co., Ltd. emerges as the second most prolific filer in this case, having submitted applications for the DEEPSEEK mark across Classes 9, 20, 24, 35, and 42. Notably, this company has demonstrated a pattern of targeting prominent AI brands, as evidenced by its earlier filings for the “ChatGPT” trademark—a globally recognized AI model developed by OpenAI—in the same five classes in 2023.

This systematic approach to registering well-known AI brand names clearly demonstrates bad faith on the part of the applicant. Such behavior not only infringes upon the prior rights of legitimate brand owners but also undermines the integrity of China’s trademark protection framework. Consequently, it is highly likely that the CNIPA refused these applications under Article 4 of the Trademark Law, which explicitly prohibits trademark filings made in bad faith.

• China’s Efforts Combating Malicious Trademark Applications in Recent Years

In recent years, China has made significant efforts to combat malicious trademark applications. Previously, actions against bad faith filings rely on opposition and invalidation proceedings initiated by interested parties, which is a relatively singular approach to the protection of prior rights.

The change in regulation stems from realization that, despite of the highest volume of trademark applications every year, it could be detrimental if many are filed in bad faith or without genuine intent to use, which not only clog the system but also hinder legitimate brand owners from securing their rights.

To address these issues, China has taken significant steps. In addition to actions taken by interested parties, the 2019 Trademark Law introduced Article 4, prohibiting applications filed in bad faith without intent to use, enabling the China National Intellectual Property Administration (CNIPA) to proactively reject malicious applications, as seen in cases like DeepSeek.

Moreover, CNIPA has implemented stricter examination guidelines and increased scrutiny of bulk trademark filings by entities with no legitimate business operations. The Office has also enhanced its collaboration with e-commerce platforms and local market supervision bureaus to identify and penalize trademark squatters. These measures have gradually reduced the number of malicious filings, as evidenced by the decline in total trademark applications from 9 million in 2019 to 7 million in 2024.

The refusal of the 63 DeepSeek-related trademark applications underscores China’s commitment to creating a fair and efficient trademark system. For brand owners, this case serves as a reminder to monitor and protect their intellectual property rights in China. Filing plan in advance, ongoingbrand monitoring, and swift legal action against infringers are essential strategies to safeguard brand value.

Furthermore, the DeepSeek case highlights the importance of building a strong reputation and public awareness. The high recognition of the DeepSeek AI model played a crucial role in the CNIPA’s decision, as it demonstrated the brand’s significance and the potential for consumer confusion if the trademarks were granted to unrelated parties.

Looking ahead, China is expected to further refine its trademark laws and enforcement mechanisms. Potential reforms may include stricter use requirements, mandatory declaration of intent to use, and enhanced penalties for bad faith applicants. These changes will not only benefit domestic and international brand owners but also strengthen China’s position as a global leader in intellectual property protection.

• Conclusion

The CNIPA’s refusal of the 63 DeepSeek-related trademark applications marks a significant victory in the fight against malicious trademark filings. By leveraging legal provisions such as Article 4 of the Trademark Law and reinforcing its examination practices, China has demonstrated its resolution to protect legitimate brand owners and maintain the integrity of its trademark system. As the country continues to innovate and adapt its IP policies, brand owners can expect a more transparent and equitable environment for trademark protection in China.