From January to November 2025, procuratorates nationwide reviewed and prosecuted 19,050 individuals involved in trademark infringement crimes.
During case handling, procuratorial organs identified four emerging trends in trademark infringement crimes, in the areas of trademark usage, targets, sectors involved, and criminal methods. These developments underscore the increasing complexity of both prosecuting and controlling trademark-related violations.
The identified trends are as follows:
First, the method of trademark use is evolving from physical use towards electronic use. Offenders now employ digital means, such as displaying electronic trademarks during device startup, pairing, or connection processes via pop-ups or screens, thereby infringing on others' trademark rights and misleading consumers about product origin.
Second, the focus of infringement has expanded from commodity trademarks to service trademarks. Seeking illicit gains, offenders unlawfully use others' service trademarks on service premises, store signs, advertisements, and other media, replicating legitimate business models and damaging the brand reputation and value of rights holders.
Third, trademark infringement cases extend from traditional offline transactions to new business formats, particularly on cross-border e-commerce platforms. These crimes often involve organized groups employing tactics such as live-streaming counterfeit goods, publishing paid promotional content, and circulating fraudulent links imitating genuine products. These offenses typically have extended criminal chains and involve substantial financial amounts.
Fourth, infringement methods have evolved from simple counterfeiting and sales to include refurbishing and reselling second-hand goods. This trend is particularly common in sectors such as digital devices, automobiles, and durable consumer goods, where refurbished items are falsely marketed as new.
Evidence from cases reveals that trademark infringement crimes tend to be more technical and covert, with longer criminal chains and significant financial impact. Such cases frequently confuse and mislead consumers regarding product authenticity and origin, with transactions exhibiting mixed authentic and counterfeit goods, "goods not as advertised", and other irregularities, severely undermining brand reputation and economic order.
According to an official from the Procuratorial Department of Intellectual Property Rights of the SPP, procuratorates will continue to closely monitor developments in new technologies and business formats, with a focus on emerging infringement areas, targets, technical methods, and business models.
The official added that efforts will be intensified to combat and punish trademark infringement crimes, strengthen judicial protection of trademark rights under criminal law, uphold fair market competition, and support the country's building of an intellectual property powerhouse.
