Anand and Anand secures favorable trademark opposition decision for Baidyanath in China

New Delhi, November 5, 2026 – Anand and Anand represented Shree Baidyanath Ayurved Bhawan Pvt. Ltd. (Baidyanath) in proceedings before the China National Intellectual Property Administration (CNIPA), securing a favorable decision against the registration of a substantially similar mark by Shenzhen Zhengshan Yuan Biotechnology Co., Ltd. in Class 3. CNIPA held that the mark infringed Baidyanath’s prior copyright and refused its registration.

The matter concerned Trademark Application No. 85074918, filed on April 30, 2025, covering goods, including personal cleansing or deodorizing vaginal rinse solutions, shampoos, bath solutions, soaps, non-medical bath preparations, essential oils, cosmetics, hair care oils, depilatory agents and toothpaste. Anand and Anand, through its local associates, filed the opposition on October 20, 2025, relying on Baidyanath’s prior rights, including copyright in the artistic work associated with its BAIDYANATH series.

In its decision, CNIPA recognized that Baidyanath’s artistic works possessed a certain degree of aesthetic significance and qualified for copyright protection. The evidence established that Baidyanath had published and commercially used the work before the opposed application was filed, indicating that the applicant could have accessed it.

CNIPA further found that the graphics comprising the opposed mark were substantially similar to Baidyanath’s copyrighted work, and that the applicant failed to establish independent creation. On this basis, it concluded that the opposed mark infringed Baidyanath’s prior copyright and should not be registered.

The decision highlights the importance of copyright in protecting artistic works associated with established brands. It also underscores the importance of evidence of prior publication and commercial use in establishing copyright infringement in trademark opposition proceedings.

Safir Anand, Senior Partner at Anand and Anand, said: “This decision is significant as it demonstrates how the strategic use of intellectual property rights, particularly copyright, can help protect a brand beyond the conventional scope of trademark protection. By establishing the prior existence, publication, and commercial use of Baidyanath’s artistic work, and demonstrating its substantial similarity with the opposed mark, we were able to place the issue of prior copyright infringement squarely before the CNIPA. The decision reinforces the importance of a well-founded IP strategy and the role of copyright in preventing the unauthorized adoption of artistic works associated with established brands.”

Under the applicable procedure, the applicant may seek a review of the decision before the CNIPA within 15 days of receiving it. If no review is sought within the prescribed period, the decision will take effect, and the opposed mark will not be approved for registration.

← Back to News

You may also like…