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 […]

» Read more

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. This content is restricted to subscribers. Please login if you are an existing user.

» Read more

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 […]

» Read more

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 […]

» Read more

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 […]

» Read more

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 […]

» Read more

Trademark license and packaging right

(Author: Paul RANJARD; Source: WAN HUI DA) In July 2017, the Supreme People’s Court of China, acting as Court of Appeal, reversed a judgment made by the Guangdong High Court (December 2014), and declared that a trademark and a packaging, on the same product, may constitute two independent IP rights. Background of the case In 1828, a Guangdong doctor called Wong Chat Bong […]

» Read more

Can Prior Marks Whose Owner Deceased Block Subsequent Trademarks?

(Author:Joanna Yan; Source: LexField Law Offices) Author:Joanna Yan Recent decisions made by Beijing Intellectual Property Court and Beijing Higher People’s Court have found that trademarks where the owner is deceased do not block subsequent marks. There is this caveat: Later marks in such cases would not be blocked as long as the owner of the earlier mark terminated and the earlier mark […]

» Read more

Myth of Evidence in Trademark Cases in China

(Author: Gloria Wu; Source: Kangxin Partners) One big frustration that many brand owners have met in China is receiving an unfavorable decision of opposition or invalidation or litigation, informing that your case is not supported because the evidence is not sufficient to prove your claimed facts. Looking at the hundreds of or even thousands of pages of evidence which have been submitted […]

» Read more

How to recognize “Certain Fame” of a prior trade name?

This article was written by Yang Xiaoli (Partner) and Jiang Limei (associate) (Source: King & Wood Mallesons) Key issues: The requirements for recognizing whether a prior trade name has certain fame can be lowered under the condition that the relevant party acts in bad faith. Lexani Wheel Corporation (hereinafter referred to as “Lexani” or “plaintiff”) has been using “LEXANI” as […]

» Read more
1 2 3 29