Case Review: Trademark Labeling Dispute Sparks Industry Reflection

In 2025, Guangdong Yi Hao Food Co., Ltd. garnered widespread attention due to the labeling of its trademark "壹号土®" (Yi Hao Tu). The company used the registered trademark "壹号土®" in close conjunction with generic agricultural product names such as "pig" and "chicken," employing identical font, size, and color. From a distance, this was easily misread as "壹号土猪" (Yi Hao Tu Pig) and "壹号土鸡" (Yi Hao Tu Chicken), misleading consumers. This incident became a typical case of trademark labeling controversy in 2025.

Following public exposure, Yi Hao Food systematically adjusted the disputed labels. On e-commerce platforms, chicken and egg products no longer use descriptions like "壹号土鸡" or "壹号土鸡蛋," having been replaced with "壹号食品" (Yi Hao Food). Pork products now adopt the format of "壹号土R" followed by a space and then the product name. Product packaging has also been adjusted accordingly, with new versions either featuring the "壹号食品" corporate logo or using only plain text without trademark labels.

Legal Perspective: Boundaries and Regulation of Trademark Use

Zhao Zihan, head of the Intellectual Property Research Center at Beijing Shouxi Law Firm, pointed out that labels like "壹号土®猪" and "壹号土®鸡" do not constitute typical "trademark use" in essence. The core function of a trademark is to identify the source of goods. However, this practice of closely bundling a registered trademark with a generic product name can lead consumers to perceive it as a unified descriptive phrase, thereby misunderstanding the product as inherently having "土" (native/authentic) characteristics. This somewhat deviates from the spirit of the definition of trademark use under the Trademark Law of the People's Republic of China.

It is noteworthy that Yi Hao Food had applied multiple times for the trademarks "壹号土鸡" and "壹号土鸡蛋," but all were rejected. A review decision in June 2023 stated the refusal was because "the applied-for trademark, when used on the designated goods, is likely to cause consumer confusion regarding the raw materials, ingredients, or other characteristics of the goods, and lacks distinctive character as a whole." However, the company has been quite "persistent" in its applications for the "壹号土猪" trademark, having successfully registered several related marks since 2009.

The Overall Landscape of Intellectual Property Protection in 2025

(I) Continuous Improvement of Policies and Regulations

2025 marked a significant breakthrough in China's intellectual property legal system development. The China National Intellectual Property Administration (CNIPA) issued the 2025 Promotion Plan for Building a Leading Country in Intellectual Property, outlining 118 key tasks across seven areas. Regarding institutional development, the plan proposes advancing the revision of laws and regulations such as the Trademark Law and the Implementing Regulations of the Copyright Law, researching and formulating administrative regulations for access and benefit-sharing of biological genetic resources, and promoting legislation for the protection of traditional Chinese medicine knowledge.

The fifth amendment to the Trademark Law entered the substantive deliberation stage, focusing on strengthening trademark use obligations, strictly combating malicious squatting and hoarding, and enhancing cross-class protection for well-known trademarks. Simultaneously, CNIPA revised the requirements for Applying for Cancellation of a Registered Trademark Not Used for Three Consecutive Years, further detailing the application process and documentation requirements, clarifying that applicants need to submit preliminary investigation evidence, thereby improving the transparency and efficiency of the cancellation procedure.

(II) Sustained Increase in Protection Efforts

In the first half of 2025, customs authorities nationwide seized 11,000 batches of suspected infringing goods, totaling 38.675 million items. The General Administration of Customs approved 13,300 applications for recordal of intellectual property customs protection. The General Administration of Customs comprehensively advanced the construction of smart customs and the "Smart Customs, Strong Nation" initiative, deepening the special campaign "Dragonfly 2025" for IP protection and conducting targeted governance in key infringement areas.

Regarding judicial protection, the Supreme People's Court released eight typical anti-unfair competition cases for 2025, involving important legal issues such as the determination of imitation and confusion, infringement of technical secrets, commercial defamation, and online unfair competition. Among them, a dispute over infringement of trade secrets related to centrifugal compressor selection software applied punitive damages of double the amount, awarding over 166 million RMB in compensation, forming a strong deterrent against similar infringements.

(III) Notable Innovation Achievements

In 2025, China ranked within the top ten in the Global Innovation Index for the first time, securing the top position among upper-middle-income economies, having climbed 25 places cumulatively since 2013. In 2024, China granted 1.045 million invention patents, with the number of high-value invention patents per 10,000 people reaching 14. The number of valid invention patents in strategic emerging industries increased by 15.7% year-on-year. As of June 2025, China held 5.01 million valid domestic invention patents, a year-on-year increase of 13.2%, with 15.3 high-value invention patents per 10,000 people.

Typical Case: Trademark Labeling Norms Viewed Through the "Yi Hao Tu" Case

The "Yi Hao Tu" trademark controversy reflects prominent issues in current trademark labeling practices. Similar situations are not isolated in the market. Some businesses attempt to create associations with product quality or brand connections that exceed reality by combining registered trademarks with generic names, or by truncating or altering words.

Feng Xiaoqing, a member of the National Intellectual Property Expert Advisory Committee and Vice President of the Intellectual Property Law Research Society of the China Law Society, pointed out that the Trademark Law of the People's Republic of China explicitly stipulates that signs that are deceptive, likely to mislead the public regarding the quality, place of origin, or other characteristics of the goods, or that are harmful to socialist morality or customs or have other adverse effects, shall not be used as trademarks. Meanwhile, China has a specific system for declaring registered trademarks invalid. Successful trademark registration is not a permanent "talisman."

Consumer Rights Protection: How to Identify "Clever Trademarks"

In response to potentially misleading trademark labeling practices in the market, consumer protection committees from four regions in the Yangtze River Delta jointly issued a reminder. They advise consumers to distinguish between the "trademark name" and "product characteristics" when identifying "clever trademarks." While shopping, consumers should not be drawn only by prominent "large text" on packaging but should patiently examine the "details" usually in smaller fonts that carry key information, such as net weight and ingredient lists, which reveal the product's true quantity, composition, and performance.

The Shanxi Provincial Federation of Consumer Rights Protection also reminds consumers to master some avoidance techniques to see through trademark text traps when facing situations where businesses create misleading impressions by blurring the boundary between trademarks and product names through methods like splitting or truncating words. On one hand, when making purchases, do not focus solely on the trademark; prioritize reading information such as the product name, ingredient list, and execution standards to confirm the product's true attributes. On the other hand, look for certification marks, such as Food Production License (SC), organic certification, and green food labels, as these are strong endorsements of product quality.

Future Outlook: New Trends in Intellectual Property Protection

In 2025, China's IP protection work demonstrated a distinct orientation of "prioritizing quality, focusing on transformation, and promoting global coordination." With the implementation of the 2025 Promotion Plan for Building a Leading Country in Intellectual Property and the advancement of the "15th Five-Year Plan," China will further strengthen patent layouts for key core technologies, improve discourse power in international rule-making, and expand international cooperation in intellectual property.