Squatting · Opposition SOP · Which remedy · 撤三 · Buy-back · Checklist · IP flagship.
Buy-back means a trademark assignment that CNIPA examines and records. You are not the China owner until that recordal publishes. Build leverage first (opposition, invalidation or 撤三) unless the launch date leaves no time. Diligence the signer, pledges, freezes, and the cluster of same/similar marks — those often must transfer together. A licence is not a substitute if you need Customs recordal or to license a factory as owner. Structure payment so money moves with recordal, not before. Counsel should negotiate; brand managers should not freelance on WeChat.
At a glance
| Question | Short answer |
|---|---|
| WeChat deal enough? | No. CNIPA recordal is title. |
| Fight first? | Usually yes — leverage drops the price. |
| Licence instead? | Only if you do not need to be the owner. |
| Illegal to pay? | Usually no. Stupid without papers: yes. |
| Sister marks? | Often must come with the mark you want. |
Scope and legal framework
Trademark Law (assignment). Assignment is filed with CNIPA. The Office may require same/similar marks on identical/similar goods to transfer together. Recordal, not the private SPA, changes the register.
Pledges, seizures, bad-faith limits. A pledged or frozen mark cannot cleanly transfer. Some bad-faith transfer patterns are refused. Diligence the register before you wire.
Practical workflow
- Pull the full CNIPA extract and related marks.
- Open or keep the CNIPA attack that creates leverage.
- Draft assignment + closing memo with a China-admitted agent.
- Stage funds against recordal, not against a PDF promise.
- After recordal, Customs-record if you manufacture here.
Common mistakes
- Paying the cousin, not the registrant.
- Buying one class and leaving the squat on the others.
- Stopping your own application because “we bought it.”
Action checklist
- Registrant name = contract party = chop.
- Cluster marks listed for joint transfer.
- No pledge/freeze.
- Payment vs recordal timetable in writing.
- Own China filing still live.
Find a China trademark lawyer
The IP listings below are live DJ Classifieds profiles. Directory →
Reviewed by counsel
China IP / trademarks: Zihang Duan, Songjiang Brand Law Firm — trademarks practice (directory profile). Cluster approved for publication; authorities section expanded post-approval to match family-cluster citation standard.
Last updated: August 2026 · Official fees and opposition periods can change — re-check CNIPA schedules before filing.
