Bridging the gap in China’s IP terrain

As the global trademark community gathered for INTA 2026, the shifting legal sands of the Chinese market took center stage. In an insightful sit-down with CTC Legal Media, Melvin Mei of Rouse shared his expert perspective on how international brand owners can navigate the upcoming 2026 updates to China’s trademark law and the perennial challenge of protecting iconic product shapes.

The future of defensive filings

With new drafts of China’s trademark law promising stricter penalties for bad faith filings and expanded protection for unregistered well-known marks, many are questioning if the era of massive defensive portfolios is ending. While Mei sees a “positive trend” in the reduction of bad faith actors, he advises caution for now.

Regarding the transition period, Mei explains: “In the short term, I think the defensive finding can continue to be implemented, and we can wait and see how the new law will be implemented. In order to set out a new strategy in the next five or 10 years in China.”

A systematic approach to 3D protection

Protecting the “iconic visual elements” of a brand requires more than a single filing strategy. Mei highlights the “uphill battle” of registering 3D trademarks due to strict functionality and distinctiveness tests in Chinese courts. His solution is a parallel approach that uses design patents for immediate protection while building an “evidence library” to support future trade-dress claims under unfair competition law.

Mei suggests that brand owners should act early:

“At the very early stage of a product’s life cycle, we do both ways: file a design patent and also do the 3D trademark.”

Translating global reputation into local proof

Perhaps the most significant hurdle for Western brands is the “cultural gap” in how IP value is proven to Chinese authorities. Mei emphasizes that global fame does not automatically grant legal protection in China; it must be “duly translated into local proof” that resonates with Chinese consumers and satisfies the local legal framework.

Serving as a bridge between international expectations and local requirements, Mei provides a roadmap for brands looking to turn their global equity into enforceable Chinese rights.

Watch the full interview to discover Melvin Mei’s comprehensive strategy for evidence collection and his outlook on the 2026 legal reforms.

← Back to News