CNIPA Deals with Bad Faith “DEEPSEEK” Trademark Applications
Published 27 February 2025
Sarah Xuan
In January 2025, the DeepSeek artificial intelligence large model, developed by Hangzhou DeepSeek Artificial Intelligence Basic Technology Research Co., Ltd. (hereinafter referred to as “DeepSeek”), attracted widespread attention globally. As the popularity of DeepSeek continued to rise, its name “DEEPSEEK” and the associated device were maliciously registered by certain enterprises and individuals.
To combat such malicious trademark applications, the CNIPA issued a notice on February 24, 2025, regarding the rejection of trademark applications for “DEEPSEEK” and related devices. According to the notice, 63 trademark applications were involved, including those for the names “DEEPSEEK”, “DEEP SEEK”, and related devices. The CNIPA has legally rejected all 63 of these trademark applications.
[Case Background and Rejection Details]
According to the CNIPA’s notice, the 63 rejected trademark applications include those for “DEEPSEEK”, “DEEP SEEK”, and related devices. These applications were primarily filed by two companies: 54 applications were submitted by Shenzhen Fubojian Synthetic Biology Technology Co., Ltd., and 5 applications were submitted by Suzhou Pifan Intelligent Technology Co., Ltd. The involved agencies included Tianjin Mengzhi Network Technology Co., Ltd., Quanzhou Quansen Intellectual Property Agency Co., Ltd., Sichuan Kuxiaoer Enterprise Service Co., Ltd., and Guangzhou Runhe Intellectual Property Agency (General Partnership). In response to these applications, the CNIPA, based on the Trademark Law and relevant regulations, determined that the applications were malicious and thus rejected them.
[Legal Analysis of Malicious Trademark Applications]
Malicious trademark applications refer to situations where applicants have no genuine intent to use the trademark but seek to gain the trademark to resell it or use it for other illicit purposes, thereby harming the legitimate interests of the trademark holder. In this case, Shenzhen Fubojian Synthetic Biology Technology Co., Ltd. concentrated its applications for trademarks related to “DEEPSEEK” on December 30, 2024, and January 3, 2025. These applications covered a wide range of industries, including but not limited to jewelry, clocks, building materials, leather goods, hand tools, musical instruments, and fabrics—industries that have no relation to the company’s main business in biotechnology. This cross-industry registration, with no actual intent to use the trademarks, clearly demonstrates an attempt to attach itself to the brand influence of DeepSeek, making it a typical case of malicious trademark registration. According to Article 4 of the Trademark Law, a trademark application must have a genuine intent to use the trademark. In this case, the products listed in the applications were completely unrelated to the company’s primary business, demonstrating the malicious intent behind the registration.
Similarly, Suzhou Pifan Intelligent Technology Co., Ltd. not only applied for five trademarks related to “DEEPSEEK” but had also filed five applications for “CHATGPT”-related trademarks on February 14, 2023. Of these, four have been rejected, and one is still under examination. This further illustrates the company’s malicious intent to register trademarks based on trending technical terms and popular brands for illicit financial gain. Such actions not only infringe on the intellectual property rights of innovative companies but also undermine fair competition in the marketplace.
[CNIPA’s Response and Legal Basis]
In this case, the CNIPA’s swift response and legal rejection of the trademark applications reflect China’s growing commitment to intellectual property protection and the strict enforcement of trademark laws. According to Articles 4 and 10 of the Trademark Law, trademark applications must adhere to the principles of good faith, and any malicious registration will be refused. Particularly when dealing with well-known trademarks or emerging brands, the CNIPA remains firm in conducting thorough reviews and making fair decisions to protect legitimate trademark rights.
This case also highlights China’s effective legal application in new industries, such as artificial intelligence and big data, where emerging technologies and intellectual property are involved. Through a rigorous trademark examination system, the CNIPA has provided essential legal protection for innovative companies, especially for brands like DEEPSEEK with substantial market recognition and technological innovation value.
[Trademark Registration Progress of DeepSeek]
As of February 26, 2025, DeepSeek has applied for the registration of 66 related trademarks. The company has successfully obtained over 20 trademarks, including those for “deepseek”, “deepseek chat”, “deepseek”, related devices, and the Chinese equivalent “深度求索” (DeepSeek in Chinese). Some trademark applications are still under review. These registered trademarks further solidify DeepSeek’s brand position in the field of artificial intelligence and provide a solid legal foundation for its development in both domestic and international markets.
[Conclusion and Legal Insights]
This case demonstrates the CNIPA’s strong stance in combating malicious trademark registration and highlights the effectiveness of China’s intellectual property legal system. For businesses, protecting their trademarks and brand rights is a critical task in market competition. Companies should ensure that their trademark applications are genuine and legally compliant, avoiding the legal risks associated with malicious registration. Moreover, when facing malicious trademark applications, businesses should actively use legal means, such as filing objections or requesting the rejection of such applications with the CNIPA, to safeguard their trademark rights.
As China continues to optimize its intellectual property protection environment, businesses should place more emphasis on trademark registration and management, especially in fast-growing technological and innovative fields, to ensure their intellectual property is well protected and to maintain their competitive edge in the market.
To combat such malicious trademark applications, the CNIPA issued a notice on February 24, 2025, regarding the rejection of trademark applications for “DEEPSEEK” and related devices. According to the notice, 63 trademark applications were involved, including those for the names “DEEPSEEK”, “DEEP SEEK”, and related devices. The CNIPA has legally rejected all 63 of these trademark applications.
[Case Background and Rejection Details]
According to the CNIPA’s notice, the 63 rejected trademark applications include those for “DEEPSEEK”, “DEEP SEEK”, and related devices. These applications were primarily filed by two companies: 54 applications were submitted by Shenzhen Fubojian Synthetic Biology Technology Co., Ltd., and 5 applications were submitted by Suzhou Pifan Intelligent Technology Co., Ltd. The involved agencies included Tianjin Mengzhi Network Technology Co., Ltd., Quanzhou Quansen Intellectual Property Agency Co., Ltd., Sichuan Kuxiaoer Enterprise Service Co., Ltd., and Guangzhou Runhe Intellectual Property Agency (General Partnership). In response to these applications, the CNIPA, based on the Trademark Law and relevant regulations, determined that the applications were malicious and thus rejected them.
[Legal Analysis of Malicious Trademark Applications]
Malicious trademark applications refer to situations where applicants have no genuine intent to use the trademark but seek to gain the trademark to resell it or use it for other illicit purposes, thereby harming the legitimate interests of the trademark holder. In this case, Shenzhen Fubojian Synthetic Biology Technology Co., Ltd. concentrated its applications for trademarks related to “DEEPSEEK” on December 30, 2024, and January 3, 2025. These applications covered a wide range of industries, including but not limited to jewelry, clocks, building materials, leather goods, hand tools, musical instruments, and fabrics—industries that have no relation to the company’s main business in biotechnology. This cross-industry registration, with no actual intent to use the trademarks, clearly demonstrates an attempt to attach itself to the brand influence of DeepSeek, making it a typical case of malicious trademark registration. According to Article 4 of the Trademark Law, a trademark application must have a genuine intent to use the trademark. In this case, the products listed in the applications were completely unrelated to the company’s primary business, demonstrating the malicious intent behind the registration.
Similarly, Suzhou Pifan Intelligent Technology Co., Ltd. not only applied for five trademarks related to “DEEPSEEK” but had also filed five applications for “CHATGPT”-related trademarks on February 14, 2023. Of these, four have been rejected, and one is still under examination. This further illustrates the company’s malicious intent to register trademarks based on trending technical terms and popular brands for illicit financial gain. Such actions not only infringe on the intellectual property rights of innovative companies but also undermine fair competition in the marketplace.
[CNIPA’s Response and Legal Basis]
In this case, the CNIPA’s swift response and legal rejection of the trademark applications reflect China’s growing commitment to intellectual property protection and the strict enforcement of trademark laws. According to Articles 4 and 10 of the Trademark Law, trademark applications must adhere to the principles of good faith, and any malicious registration will be refused. Particularly when dealing with well-known trademarks or emerging brands, the CNIPA remains firm in conducting thorough reviews and making fair decisions to protect legitimate trademark rights.
This case also highlights China’s effective legal application in new industries, such as artificial intelligence and big data, where emerging technologies and intellectual property are involved. Through a rigorous trademark examination system, the CNIPA has provided essential legal protection for innovative companies, especially for brands like DEEPSEEK with substantial market recognition and technological innovation value.
[Trademark Registration Progress of DeepSeek]
As of February 26, 2025, DeepSeek has applied for the registration of 66 related trademarks. The company has successfully obtained over 20 trademarks, including those for “deepseek”, “deepseek chat”, “deepseek”, related devices, and the Chinese equivalent “深度求索” (DeepSeek in Chinese). Some trademark applications are still under review. These registered trademarks further solidify DeepSeek’s brand position in the field of artificial intelligence and provide a solid legal foundation for its development in both domestic and international markets.
[Conclusion and Legal Insights]
This case demonstrates the CNIPA’s strong stance in combating malicious trademark registration and highlights the effectiveness of China’s intellectual property legal system. For businesses, protecting their trademarks and brand rights is a critical task in market competition. Companies should ensure that their trademark applications are genuine and legally compliant, avoiding the legal risks associated with malicious registration. Moreover, when facing malicious trademark applications, businesses should actively use legal means, such as filing objections or requesting the rejection of such applications with the CNIPA, to safeguard their trademark rights.
As China continues to optimize its intellectual property protection environment, businesses should place more emphasis on trademark registration and management, especially in fast-growing technological and innovative fields, to ensure their intellectual property is well protected and to maintain their competitive edge in the market.