Prosecutors Intervening in Trademark matters

(Author: He Jing; Source: ZY Partners) Chinese prosecutors normally have nothing to do with how to file trademark applications in China.  But the situation is changing as more brand owners are deeply frustrated by the troubles they have with registering trademarks. Brand owners often have to do everything they can to protect their brands.  The “Duck King” case is a recent example of […]

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Not all designs are copyrightable

(Author: Ms LU Xue and Ms. XIA Huan; Source: WAN HUI DA) Case Brief Guangzhou Exception Industrial Co., Ltd. (“Exception Company”) is a manufacturer of bags and suitcases. Exception Company registered the word EXCEPTION in class 18, but, on its wallet and handbag products and their packaging, it uses a reversed version of the word: “” with the added small letters “de MIXMIND” written […]

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Practical Tips on Trademark Matters in China

(Author: Wen Peng and Tingxi Huo; Source: Chofn Intellectual Property) China has its own laws and rules relating to trademarks, different from those of the United States. Fail- ure to note the discrepancies might result in trouble or losses. We have been working for domestic and international companies as trademark practitioners for many years and have noted some common pit- falls often […]

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The Application of Trademark Coexistence Agreements in China

(Author: Paula Pei; Source: Panawell & Partners) The Trademark Law and relevant regulations do not expressly provide for the force and application of trademark coexistence agreements but they allow similar trademarks coexist under certain circumstances. Additionally, the provision (Article 30) in the Trademark Law for preliminary examination of similar trademarks before the China Trademark Office (CTMO) and the provision (Article 57.1 and […]

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Beijing Higher Court backs WANCHAI FERRY in the fight against bad-faith applications

(Author: Yang Mingming; Source: WAN HUI DA) General Mills Asia, owner of the trademark “WANCHAI FERRY in Chinese characters” obtained a victory against a trademark squatter before the Beijing Higher Court. The court affirmed the well-known status of the Cited trademark on dumplings and adopted the “dilution” theory to reject the bad-faith applications of the opposed trademarks “WANCHAI FERRY in Chinese Character […]

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Are Elements of a Registered Trademark Independently Protectable? – The possibility of protecting a word or phrase in a trademark independently under the trademark law

(Author: Chen Binyin; Source: DeBund Law Offices)   A client of mine (“Company B”) was recently involved in a trademark litigation case with another company (“Company A”). This case arose from the use of two Chinese characters that had been used by Company A as a part of its registered trademark while Company B, a direct competitor against Company A, also use these two characters for its trademark.

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CTMO cites bona fide doctrine to uphold opposition against mark filed in bad faith

(Authors: Mr. LEI Yongjian & Ms. CAI Ye; Source: WAN HUI DA) The China Trademark Office (CTMO), cites, among others, an administrative decision issued by a local AIC and the bona fidedoctrine, in backing an opposition against the opposed mark filed in bad faith.   Case Brief Moen Incorporated (hereinafter “Moen”), a US company featuring sanitary and bath products, is the owner of trademarks MOEN, its […]

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Foreign enterprises need trademark protection in co-operation contracts

(Author: Tracy Shen; Source: Chang Tsi & Partners) As an important manufacturing and export trading country, China attracts numerous foreign companies and entrepreneurs for business co-operation. If there is no specific agreement on the exercise and protection of trademark rights between the parties in the business co-operation, IP disputes, especially involving trademark piracy, are likely to arise, in the midst or even […]

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A primer of trade mark registration requirements in Macau

(Author: Dr. Jian Xu, the China IP Blogger) Although Macau is a relatively small market, it is currently an independent jurisdiction such as Hong Kong and Taiwan, which applies different laws from mainland China. Consequently, foreign companies are much less familiar with what is required for registering trade marks in Macau. It does have a few notably different requirements (such as […]

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Determination of Similarity of Extensive Trademark in China

(Author: XIA Zhize; Source:  WAN HUI DA Law Firm) The underlying registered trademark of the trademark applicant has a relatively high market reputation and popularity; the applicant applies for registration of another trademark (disputed trademark) on identical or similar goods which is similar to the underlying registered trademark. Others dispute the registration but have failed to submit proof evidencing the […]

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