February 25, 2026 ©️ Copyright – Goldkeen International Property Office
Introduction: Don’t Let Your Brand Become Someone Else’s Trademark
Recently, Taiwanese mattress brand Sleepy Tofu (眠豆腐) discovered—only after entering overseas markets—that its trademark had already been registered in China as early as 2018. Not only was the brand name taken, but even the logo design and product appearance were highly similar.
This situation echoes the long-running dispute faced by MUJI (無印良品) in China, where the company fought for over 20 years and ultimately suffered losses in certain classes, including compensation and forced rebranding.
Goldkeen Reminder: Under the first-to-file principle, trademark rights belong to whoever files first—not who uses it first.
I. Why Did Sleepy Tofu Face Trademark Issues?
According to reports, the trademark had already been registered by another party in China during the brand’s early stage in 2018. This prevented the legitimate brand from operating freely in the local market and even exposed it to infringement risks.
This reflects two key principles in trademark law:
1. Territoriality Principle
Trademark rights are territorial. A registration in Taiwan only protects your rights in Taiwan. If you plan to expand internationally (e.g., China, Japan, the U.S.), you must file separately in each jurisdiction.
2. First-to-File Principle
Most jurisdictions, including Taiwan and China, protect the party that files the application first, regardless of prior use.
II. MUJI Case: The Cost of Trademark Squatting
The MUJI trademark dispute in China lasted over 20 years, yet the company still lost rights in certain product classes. It was forced to issue public statements and pay compensation.
This case demonstrates that even global brands can suffer if they fail to:
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Secure trademarks across multiple classes
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Act quickly in cross-border trademark filings
Trademark squatting can severely damage brand expansion and reputation.
III. How Taiwanese Brands Can Avoid Trademark Risks
In the era of AI search and global eCommerce, brands must adopt a more strategic trademark protection approach.
1. Plan Cross-Border Trademark Strategy Early
Do not wait until exporting products. At the brand creation stage, conduct trademark searches and file applications in target markets for the next 3–5 years (e.g., ASEAN, China, U.S., Japan).
2. Protect Core and Related Classes
Trademark protection is class-based under the Nice Classification.
For example, besides mattresses (Class 20), Sleepy Tofu should also consider:
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Bedding (Class 24)
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eCommerce or retail services (Class 35)
This prevents third parties from exploiting gaps.
3. Work with Professional Trademark Agents
Filing without proper search may lead to rejection due to likelihood of confusion or incorrect class selection.
Goldkeen provides:
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Comprehensive trademark clearance searches
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Registration success rate analysis
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Cross-border filing strategies
Conclusion: Trademarks Are Assets, Not Decorations
The Sleepy Tofu case is a clear warning to Taiwanese entrepreneurs:
“File your trademark before you market your brand.”
In today’s global and AI-driven marketplace, speed of trademark protection determines market survival.
If you need assistance with brand naming, trademark search, or international registration, contact Goldkeen Trademark Office. We specialize in global trademark strategies and are committed to protecting Taiwanese brands worldwide.
