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- schedule 90 minutes
The New Trademark Law and the LV/Molly Tea Case: How Firestorms Influence Trademark Legislation and Enforcement in China
Shortened Opposition Window, Curbing Bad Faith Filings and Misleading Use of a Registered Mark, Evidence of Use Will Take on Greater Importance
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About the Course
Introduction
This CLE webinar will guide IP counsel on the overhauled Chinese Trademark Law. The panel will address the background and key changes of the Amendment and discuss how they impact legal—as well as business—approaches. The panel will discuss considerations when advising on protecting trademark rights in China and offer best practices for the protection of brands in China.
Description
In June 2026, China adopted its revised Trademark Law, which is effective on Jan. 1, 2027. These revisions are moderate reforms of the law, marking a policy shift and seeking to restrict bad faith filings with enhanced penalties and to increase the requirements on use.
During the legislation process, cases relating to misleading use of registered trademarks drew great attention from the public and finally escalated into a firestorm in China, pushing the lawmakers to insert severe punishment clauses to crack down on such activities and speed up the process of the legislation.
Soon after the publication of the new law, another firestorm caused by the LV/Molly Tea case again attracted public attention and triggered a widespread debate regarding the edge of trademark enforcement.
Many U.S. brand owners are either manufacturing or sourcing in China and/or are advertising or selling to China, and others are considering it. It is critical for IP counsel to understand the changes in the trademark law.
Listen as our authoritative panel examines the key changes in China's overhauled trademark law and discusses how these changes will impact the legal and business approaches of companies operating in China and what it means for companies considering operating in China.
Presented By
Ms. Hsiao is the Managing Partner of Asia Trademark Practice of her firm (Eligon IP) and also the co-chair of Anticounterfeiting Committee at American Bar Association. Her practice focuses on international trademark and cross-border transactions between the US and Asia. Ms. Hsiao has pursued cases through all levels of China’s system and has achieved over 500 successes. She has also managed litigations throughout Asia, including high court and criminal infringement cases in China, Korea, Indonesia and the Philippines. Ms. Hsiao offers a unique blend of Western and Chinese cultures and has worked with policy makers from the U.S., Europe and China on trademark arbitrations and criminal infringement cases. For example, Ms. Hsiao was selected by China’s former Deputy Secretary General of the Trademark Association as the only Western attorney to work on a book involving in-depth analysis of top 26 landmark trademark cases. In 2022, she was selected to join TPAC which advises the Under Secretary of Commerce for Intellectual Property on matters relating to the policies and goals of the USPTO.
Ms. McDaniel is a seasoned intellectual property paralegal specializing in international trademark matters. With a wealth of experience, she adeptly oversees some of Eligon IP’s largest client portfolios, guiding the prosecution, maintenance, and enforcement of trademarks worldwide. Her clientele spans global fashion brands, Fortune 500 companies, and innovative startups. As a strategic thinker, Ms. McDaniel cultivates strong relationships with foreign counsel and legal experts, ensuring her clients benefit from a comprehensive and well-coordinated approach. Her role extends beyond legal expertise, as she also serves as Eligon IP’s Operation Manager.
Mr. Shen concentrates his practice in IP strategy counseling, foreign-related IP litigation and administrative enforcement. He has more than 25 years of experience in representing many famous domestic and foreign companies in lawsuits and arbitrations with respect to patent, trademark, copyright and unfair competition disputes. Mr. Shen also has been invited to attend International IP Symposiums many times to deliver speeches in respect of China IP Protection and has been establishing extensive connections with foreign IP attorneys. He has been qualified to practice law in both China and New York State since 2000 and 2005 respectively.
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This 90-minute webinar is eligible in most states for 1.5 CLE credits.
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Live Online
On Demand
Date + Time
- event
Wednesday, September 2, 2026
- schedule
1:00 PM ET/10:00 AM PT
I. Background and key changes in China's new trademark law
II. Important system differences between trademark laws in China and the U.S. that lead to practical impacts on business operations
III. Considerations for a brand owner considering manufacturing or advertising in China
IV. Why the LV/Molly Tea case caused such a big firestorm in China and how it will impact the trademark enforcement strategy of large companies
V. Best practices for the protection of one's brand in China
The panel will review these and other important issues:
- Considerations for brand owners operating in China or considering operations in China
- Considerations when advising about protecting trademark rights in China
- Key changes coming into force and their impact on trademark practice in China
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