Perspective | Legal Protection for the Trademark "deepseek" Being Registered by Others
Published:
2025-04-07
In 2025, DEEPSEEK's rapid rise globally made it a focal point not only in the technology and business sectors but also in the field of intellectual property. With its rising Brand awareness, disputes and trademark squatting surrounding the "deepseek" trademark have emerged one after another. On February 24, 2025, the Trademark Office of the China National Intellectual Property Administration issued an important announcement, legally rejecting numerous "deepseek" trademark registration applications. This decision has attracted widespread attention in the legal community and has provided an important reference case for how businesses can protect their trademark rights.
In 2025, the rapid rise of DEEPSEEK globally made it a hot topic not only in technology and business but also in intellectual property. With its increasing brand recognition, disputes and preemptive registrations surrounding the "deepseek" trademark emerged continuously. On February 24, 2025, the Trademark Office of the China National Intellectual Property Administration (CNIPA) issued an important announcement, legally rejecting multiple "deepseek" trademark registration applications. This decision attracted widespread attention in the legal community and provided an important reference case for companies on how to protect their trademark rights.
I. Background of Trademark Preemptive Registration
Trademark preemptive registration refers to the act of a third party, without the consent of the trademark owner, preemptively registering a trademark that has already been used by another party and has a certain influence. This behavior is common worldwide, especially in emerging markets and rapidly developing industries. Those who preemptively register trademarks usually hope to obtain undue profits or force the original trademark owner to pay a high price to redeem the trademark.
In China, the phenomenon of trademark preemptive registration is particularly prominent. Because trademark registration follows the principle of "first-to-file," meaning whoever applies first has the right to obtain trademark registration, this allows some speculators to take advantage of this rule to preemptively register the trademarks of others, causing trademark owners to face enormous legal and economic pressure. The DEEPSEEK trademark incident is a typical case in this context.
II. Legal Protection of the DEEPSEEK Trademark
As a globally renowned brand, the legal protection of the DEEPSEEK trademark is particularly important. According to the Trademark Law of the People's Republic of China, the registration and use of trademarks must adhere to the principles of good faith and honesty. No one may use improper means to preemptively register trademarks already used by others and possessing a certain influence. In this announcement, the Trademark Office of the CNIPA explicitly rejected dozens of "deepseek" trademark registration applications, based on this legal principle.
1. Basic Principles of Trademark Law
One of the basic principles of trademark law is the protection of prior rights and the principle of good faith and honesty. This means that the applicant for trademark registration must be the legitimate user of the trademark and cannot use improper means to preemptively register the trademarks of others. The DEEPSEEK trademark already has high recognition and distinctiveness globally, and preemptive registration is likely to cause consumer confusion, damaging the uniqueness and market value of the trademark.
2. Distinctiveness and Recognition of the Trademark
The distinctiveness and recognition of a trademark are important bases for trademark law protection. Due to its extensive application in technology and business, the DEEPSEEK trademark has established a strong brand influence worldwide. During the review process, the Trademark Office fully considered the distinctiveness and recognition of the DEEPSEEK trademark, believing that preemptive registration not only infringes on DEEPSEEK's trademark rights but may also have an adverse impact on market order.
3. Prevention of Unfair Competition
Trademark preemptive registration not only infringes on trademark rights but may also constitute unfair competition, disrupting market order. According to the Anti-Unfair Competition Law, no operator may use improper means to gain a competitive advantage. The Trademark Office's announcement clearly indicates that preemptive registration constitutes unfair competition and must be stopped.
III. Legal Basis and Impact of the Announcement
The announcement by the Trademark Office of the CNIPA is mainly based on the following legal basis:
1. Basic Principles of Trademark Law: Trademark law emphasizes the protection of prior rights and the principle of good faith and honesty; any preemptive registration violates this basic principle.
2. Distinctiveness and Recognition of the Trademark: The DEEPSEEK trademark has high recognition and distinctiveness globally, and preemptive registration is likely to cause consumer confusion, damaging the uniqueness and market value of the trademark.
3. Prevention of Unfair Competition: Preemptive registration not only infringes on trademark rights but may also constitute unfair competition, disrupting market order.
The issuance of this announcement not only effectively curbed preemptive registration but also provides an important legal reference for other companies, namely that in terms of trademark protection, companies should actively take measures to prevent the risk of preemptive registration and protect their legitimate rights and interests.
IV. How Companies Can Prevent Trademark Preemptive Registration
1. Timely Trademark Registration: Companies should register trademarks in their target markets in a timely manner before launching products or services to prevent others from preemptively registering them.
2. Monitoring Trademark Usage: Regularly monitor the use of trademarks in the market to promptly discover and stop infringement.
3. Legal Protection: Once trademark preemptive registration is discovered, legal action should be taken promptly to file an opposition or invalidation action.
4. Strengthen Brand Building: Through advertising and market promotion, improve the recognition and influence of the trademark, making it more advantageous in legal protection.
V. Lessons from the DEEPSEEK Trademark Incident
The DEEPSEEK trademark incident serves as an important warning to companies regarding trademark protection in a globalized context. During their development, companies should attach great importance to intellectual property protection, take active and effective measures to prevent trademark preemptive registration, and ensure the sustainable and healthy development of their brands.
1. Trademark Protection in a Globalized Context
In a globalized context, companies face more challenges in trademark protection. The opening up of international markets and intensified competition have made trademark preemptive registration more frequent. When entering international markets, companies must prepare for trademark registration and protection in advance to avoid unnecessary legal disputes.
2. Improvement and Enforcement of Legal Systems
The DEEPSEEK trademark incident also reflects the importance of improving and enforcing legal systems. The announcement by the Trademark Office of the CNIPA demonstrates China's legal determination and enforcement efforts in trademark protection, providing strong support for creating a fair and competitive market environment.
The DEEPSEEK trademark incident is not only a trademark preemptive registration dispute but also a profound reflection on corporate trademark protection strategies. During brand building, companies should fully understand the importance of trademark protection, actively take measures to prevent trademark preemptive registration, and protect their legitimate rights and interests. At the same time, the improvement and enforcement of legal systems provide solid legal protection for companies. In today's increasingly fierce global competition, only by continuously improving their brand value and legal awareness can companies remain undefeated in market competition.
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