Trademark · shopfront
A drinks brand's mark on a shopfront.
A shop was using a major drinks brand's mark on its shopfront. I sent a warning letter. The shop then changed its shopfront.
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China legal services · IP warning letters
China Cease-and-Desist Letter for IP Infringement
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A cease-and-desist letter, called an infringement warning letter in China, tells a company that is copying your product or using your brand to stop. Before anything is sent, I check that your right is valid, still in force and held by you, and compare it with the evidence of infringement. The letter goes out in Chinese and English under my name as a PRC lawyer.
From USD 1,500warning letter, one right, one recipient
3–5 business daysonce the right is checked and the materials are complete
Calls with the other side are USD 350 an hour. If you instruct the letter within 30 days after an IP enforcement assessment, the USD 1,500 assessment fee is credited in full. Scope and fee are confirmed in writing before paid work begins.
Discuss your warning letter →Which service fits?Fees & process
Short answer
- A cease-and-desist letter, sent in Chinese and English under a PRC lawyer's name, tells a Chinese company that is infringing your trademark, patent or copyright to stop.
- I check that the right is valid, in force and yours, and compare it with the evidence, before anything is sent.
- It starts at USD 1,500 for one right and one recipient, and takes 3–5 business days once the right is checked and the materials are complete.
- Send it when the right is clear and you know who is copying; if you're not sure, start with an IP enforcement assessment.
Which service fits?
| Your situation | Service | Fee |
|---|---|---|
| Your right is clear, you know who is copying, and you want a letter sent first | Cease-and-desist letter (this page) | From USD 1,500 |
| You're not sure whether it infringes, whether you can win or which route to take | IP enforcement assessment | USD 1,500 fixed |
| Tooling held back, your design already listed or the factory gone quiet, and you need to act within 48 hours | 48-hour incident support | From USD 3,500 |
| The other side owes you money or broke the contract, and IP isn't the issue | Commercial demand letter | Short-form USD 950 · standard from USD 2,500 |
When should I bring this in?
Once you know which right is being infringed and who is doing it, and before you or anyone else contacts them. Capture the evidence first. Sellers often edit or remove their listings once a letter arrives. If you plan a platform complaint, the letter and the complaint should be worded together.
Open the part that matches your question. Each section is complete on its own.
What does the service include?
A check of your right, the letter, and an opinion on the first reply.
- A check of your right: the registration or grant, the period it is in force, what it covers, and that you hold it.
- A comparison of your right with the evidence you send: links, screenshots, photos of samples.
- A letter in Chinese and English setting out the right, the infringement and what you want: stop selling, take listings down, withdraw a similar application or pay compensation.
- The letter sent formally under my name as a PRC lawyer.
- A short written opinion on the other side's first written reply.
What isn't included?
Notarised evidence, platform complaints, negotiation and court.
- Notarised evidence, such as a notarised test purchase. This is quoted separately.
- Complaints to e-commerce platforms.
- Negotiation and court proceedings.
- More than one right or more than one recipient. Each is quoted separately.
- Calls with the other side, at USD 350 an hour.
Selected matters
These examples are based on matters I have handled. Names, products, places, dates, amounts and other identifying details have been removed or changed. They show the kind of work involved. They don't promise any result.
Trademark · Amazon listings
A look-alike mark on Amazon.
A seller on Amazon was selling goods under a mark similar to a foreign brand's mark. I sent a warning letter, and the listings were taken off Amazon.
The lawyer behind the work
Adrian Liu (Xiaoyu Liu · 刘效宇) is a PRC-licensed lawyer based in Xiamen. He has sent 64 IP warning letters, most for trademarks, then designs, then other patents. Takedowns were the most common result. Some letters also led to compensation. He has handled more than 400 China trademark matters and more than 40 patent and design-related matters. His court work includes 136 trademark lawsuits and 74 supplier-dispute lawsuits. Licence no. 13502202110350464.
What to send first
- The certificate or registration number for your trademark, patent or copyright.
- Who is infringing and where they sell: links, screenshots or photos of samples.
- What you want them to do: stop selling, take listings down, withdraw an application or pay compensation.
After a conflict check, I confirm the scope and the fee in writing.
Questions from rights holders
A Chinese factory is selling copies of my product. How do I stop it?
Start with the right that covers the product in China: a Chinese patent or design patent, a registered trademark, or copyright. Capture the evidence before anyone contacts the factory. Sellers often change their listings once a letter arrives. A warning letter is usually the first step. Platform complaints, an administrative complaint or court action can follow if the copying doesn't stop. If the factory signed your NNN, the 48-hour response may fit better.
Do I need a Chinese registration to send a warning letter?
For a trademark or patent, usually yes. A registration or patent from outside mainland China gives you little to rely on there. Copyright needs no registration, but you will need proof that you own the work. I check this before anything is sent.
Can a warning letter backfire?
It can. The recipient may delete evidence, so capture it first. It can also press you in writing to sue. For a patent, you then have one month from receiving that demand, or two months from when it was sent, to withdraw the warning or sue. If you do neither, the recipient can ask a Chinese court to declare that it does not infringe (SPC Interpretation on patent infringement disputes, 2009, art. 18). For other IP rights, the same kind of claim is possible if you don't sue within a reasonable time (SPC Provisions on Evidence in IP Civil Litigation, 2020, art. 5). That's why the right and the evidence are checked before anything is sent.
How is this different from the IP enforcement assessment?
The assessment is for when you're not sure whether there is infringement, whether you can win or which route to take. It costs USD 1,500 and ends with a plan for letters, platform complaints or proceedings. If you instruct the warning letter within 30 days after the assessment, the assessment fee is credited in full.
Further reading
Discuss your warning letter.
English or Chinese. Tell me which right is being infringed, who is infringing and where they sell. A short, non-confidential summary is enough to start. I'll tell you where you stand and what your options are.