By Xiaoxue Xiang
Have you ever searched for an app in the store, only to find a flood of lookalike versions with the same name? What may seem like a distant concern is becoming an increasingly common trademark trap in today’s digital economy.
The “Guanhuai” (观淮) news app trademark dispute was listed by the China National Intellectual Property Administration (CNIPA) as a typical case of 2024. It not only confirmed for the first time that an APP name can be treated as a trademark but also drew clear lines for protecting the IP of government new media platforms and corporate applications.
Case Overview: When a Government APP Meets Trademark Squatting
“Guanhuai,” launched in 2022 under the Huainan Municipal Party Committee’s Publicity Department, quickly became the city’s official news platform. Jointly operated by Huainan Daily and Huainan Radio and Television, it leveraged a large multimedia ecosystem (310,000 WeChat followers and 860,000 Douyin users) and gained nationwide visibility through outlets like People’s Daily Online and Xinhua.
Just as its influence was growing, however, a local labor services company filed to register “Guanhuai” as a trademark in the category of “news transmission” services.
The CNIPA rejected the application. It found that the opponent (the app operator) had already established prior use with market influence, and that the applicant, operating in the same city and fully aware of the app, acted in bad faith. Citing Article 32 of the Trademark Law (“no one may preemptively register a mark already in use and with certain influence”), the CNIPA ruled against the squatter.
What’s notable is that the case was the first to extend trademark protection to government service APP names. Unlike commercial apps, “Guanhuai” carries a public function: delivering policies and civic services. Malicious registration could have led to consumers mistaking fake platforms as official channels, directly undermining government credibility. The decision therefore went beyond pure business protection and touched on public information security.
Legal Breakthrough: Confirming the Trademark Nature of APP Names
The “Guanhuai” case expands the scope of trademark law into the digital economy. APP names are no longer mere technical identifiers; they function as core brand carriers linking users to services.
The CNIPA emphasized that once an APP name gains recognition through use and can distinguish the source of services, it qualifies for trademark protection.
Key reasons for protection included:
- Evidence of prior use: Copyright registration for the software, app store listings, and related materials proved “Guanhuai” was used commercially before the trademark filing.
- Proof of influence: Large-scale user data and frequent coverage in authoritative media showed the app had achieved recognition.
- Bad faith: The applicant was in the same region, in a different industry, but offered no reasonable explanation — indicating improper intent.
This aligns with judicial practice, as seen in the 2025 Fujian High Court case on the “Wukong Clone” APP. The court there ruled that using identical wording as an APP name counts as trademark use under the Trademark Law. Together, these cases create a dual protection framework:
- Registered trademarks are protected under Article 57.
- Unregistered but influential signs may be safeguarded under Article 32.
Practical Guidance: A Three-Dimensional Protection Strategy for Digital Brands
The “Guanhuai” case offers a roadmap for all digital operators. To effectively protect digital brands, businesses should adopt a prevent–monitor–enforce strategy.
1. Prevention (Registration First):
Register the APP name under key classes: Class 9 (software), Class 35 (advertising), Class 38 (information services).
Secure matching domain names for consistent brand identity across platforms.
2. Monitoring:
Regularly check for similar trademark filings.
Track counterfeit apps and misleading naming tactics (e.g., “official version,” “latest edition”). Act quickly against suspicious registrations.
3.Enforcement:
Preserve evidence of use. In “Guanhuai,” the decisive factor was robust documentation: user numbers, media reports, and promotional materials.
Evidence required under the Trademark Law includes proof of use (e.g., app store listings), influence (downloads, followers), and reputation (media coverage).
Broader Lessons: Building Trust in the Digital Economy
Zooming out, the “Guanhuai” case reflects a rising number of disputes over digital brand protection in CNIPA’s typical cases: a sign that IP enforcement is adapting to the digital era.
For government new media, the case highlights the need to protect public trust. A trademark “moat” ensures that official apps cannot be easily copied, safeguarding the accuracy and credibility of government communication.
For the broader digital economy, it reinforces the principle that innovators deserve protection. Recognizing APP names and digital identifiers as protectable trademarks motivates creators to invest in quality digital products, creating a positive cycle of brand-building, protection, and innovation.
As “Guanhuai” shows, IP protection is more than a legal safeguard: it is the institutional foundation of a healthy digital economy.
Conclusion
In an age where a brand’s value often resides on a smartphone screen, every APP name is a digital business card. Protecting that card is not only about defending IP rights — it’s about preserving integrity and trust in the digital ecosystem.
When operators embrace proactive brand protection, the digital economy will continue to grow stronger, fairer, and more credible.