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China Trademark Application

Linda Liu & Partners

A Preliminary Analysis of the Strategies That Can Be Adopted in Trademark Refusal Appeal Cases Where Trademarks Are Identical or...

Linda Liu & Partners on

China, which has enjoyed the reputation of being the “World’s Factory” and an “Important World Market” for many years, has also topped the global list in trademark applications for 20 consecutive years. Due to China National...more

Linda Liu & Partners

Suspension of Review for the Refusal Appeal of Trademark Application

Linda Liu & Partners on

In June 2023, the China National Intellectual Property Administration (CNIPA) released an article “Interpretation of the ‘Regulations on the Circumstances of Suspension of Review Cases’” (the “Interpretation”) on its official...more

Linda Liu & Partners

An Analysis of the Trademark Use Circumstances as a Defense against Misidentification Clauses --Trademark Sign Containing Terms...

Linda Liu & Partners on

In recent years, the examination of whether a trademark sign violates the misidentification clause in trademark authorization and affirmation cases has become increasingly stringent. The number of related trademark refusals...more

Linda Liu & Partners

Can “Coined Trademarks” Rest Easy? A Brief Analysis of the Inherent Registrability of English Coined Trademarks from a Perspective...

Linda Liu & Partners on

In recent years, global economic and cultural exchanges have become more and more frequent, and both overseas multinational companies and Chinese trends enterprises have invariably chosen alphabetic trademarks, using in...more

Neal, Gerber & Eisenberg LLP

Client Alert: Draft Trademark Law Amendment and its Potential Impact on China Trademark Strategy

As China’s importance for brand owners continues to grow, so too does the sophistication of China’s IP application processes.  Earlier this year, the China National Intellectual Property Administration (CNIPA) released a...more

Quarles & Brady LLP

China Starts Registering Trademarks Filed for NFTs and Virtual Goods in the Metaverse

Quarles & Brady LLP on

The Trademark Office of the China National Intellectual Property Administration (“Chinese Trademark Office” or “the Office”) has recently approved a slew of marks filed for non-fungible tokens (“NFTs”) and other goods and...more

Sterne, Kessler, Goldstein & Fox P.L.L.C.

MarkIt to Market® - August 2023: Happy to Wait! New Rules Allow for Suspension of Trademark Review Cases in China

As we previously reported, in January of this year, the China National Intellectual Property Administration (CNIPA) published its Draft 5th Amendment to the Chinese Trademark Law. See here. One of the proposed amendments no...more

Sterne, Kessler, Goldstein & Fox P.L.L.C.

MarkIt to Market® - August 2023

Thank you for reading the August 2023 issue of Sterne Kessler's MarkIt to Market® newsletter. This month, we conclude our series that explores ways to lose trademark rights with an examination of naked licensing, discuss a...more

Sterne, Kessler, Goldstein & Fox P.L.L.C.

MarkIt to Market® April 2023: Chinese Trademark Laws: Poised to Change With the Times

In January of this year, the China National Intellectual Property Administration (CNIPA) published its draft 5th Amendment to the Chinese Trademark Law (a translated version is posted...) The proposed amendments would...more

Sterne, Kessler, Goldstein & Fox P.L.L.C.

MarkIt to Market® - April 2023

Thank you for reading the April 2023 issue of Sterne Kessler's MarkIt to Market® newsletter. This month, we discuss practice tips for the two new petition processes instituted by the Trademark Modernization Act and highlight...more

Perkins Coie

CNIPA Issues Significant Draft Amendment to the PRC Trademark Law

Perkins Coie on

The China National Intellectual Property Administration (CNIPA) circulated a draft amendment to the PRC Trademark Law (TML Draft Amendment) for public comment on January 13, 2023. The TML Draft Amendment is the product of...more

Hogan Lovells

China: Draft Amendments to Trademark Law foreshadow potential major changes

Hogan Lovells on

On 13 January 2023, the China National Intellectual Property Administration (“CNIPA”) published draft amendments to the PRC Trademark Law for public comment. This Draft marks the fifth time that the PRC Trademark Law is up...more

Linda Liu & Partners

Strategies to Deal with Bad Faith Trademark Rights Enforcement

Linda Liu & Partners on

The trademark system in China follows the first-to-file rule. As long as the application meets the statutory application requirements, trademark registration can be obtained, resulting in a large number of bad faith...more

Linda Liu & Partners

Application of Punitive Damages in Intellectual Property Rights Infringement Cases

Linda Liu & Partners on

Punitive damage is a special form of civil liability, which could achieve the purpose of punishment while making up for losses. On 3 March 2021, the Supreme People’s Court issued the Interpretation of the Supreme People’s...more

Kohrman Jackson & Krantz LLP

Signature Moves: Trademarked Poses Raise Questions in IP Law

A trademark, according to the United States Patent and Trademark Office (“USPTO”), can be “any word, phrase, symbol, design, or a combination of these things that identifies your goods or services.” Can a body movement be...more

Linda Liu & Partners

Judicial protection of color combination trademark in China

Linda Liu & Partners on

A color combination trademark refers to a trademark composed of two or more colors in a certain proportion and in a certain order, which can be registered and protected in China since the amendment of the Trademark Law in...more

Hogan Lovells

China: CNIPA tightens the screws on absolute grounds for trademark refusal

Hogan Lovells on

In a recent development, China’s National Intellectual Property Administration (“CNIPA”) appears to have become increasingly strict in assessing whether trademark applications fall foul of the absolute grounds for trademark...more

Linda Liu & Partners

Trademark Protection in the Metaverse Perspective

Linda Liu & Partners on

In recent years, “metaverse” is a trending topic in the high-tech field. On October 28, 2021, the famous social media company “Facebook” officially announced its change of name to “Meta” and vowed to stake all its future to...more

Linda Liu & Partners

How to select the goods/services in Chinese trademark application

Linda Liu & Partners on

A trademark applicant should carefully declare the designated goods/services based on its current scope of business and the future development strategy in order to obtain the maximum legal protection for the future brand...more

Linda Liu & Partners

Noteworthy points in trademark application for cosmetics in China

Linda Liu & Partners on

Only the trademark that complies with the Trademark Law can be registered. However the trademark must be used on specific goods or services. Therefore, in addition to complying with the relevant provisions of the Trademark...more

Linda Liu & Partners

Who Moved My Curry? the Impact of Bad Faith on Trademark Similarity Determinations—Study on Typical Trademark Opposition Case of...

Linda Liu & Partners on

It is well known that one of the key issues in trademark registration allowance and affirmation cases is whether a trademark is similar to another prior conflicting trademark on identical or similar goods. The determination...more

BakerHostetler

Blacklist Complaints: A Novel Tool Against Bad-Faith Trademark Applicants in China

BakerHostetler on

Bad-faith trademark filings can pose a painful obstacle to brand owners’ attempts to register and enforce trademark rights in China. Traditionally, trademark owners have needed to file a broad range of defensive applications,...more

Haug Partners LLP

USPTO Issues Guidelines Regarding February 15, 2020, Trademark Rule Changes

Haug Partners LLP on

Beginning on February 15, 2020, with very few exceptions, submissions before the US trademark office will be required to be filed digitally. Also included in the rule changes and among the most significant change,...more

Haug Partners LLP

The United States-China Trade Deal: Key Provisions for Intellectual Property Owners

Haug Partners LLP on

On January 15, 2020, the United States and China entered into the Economic and Trade Agreement Between The Government Of The United States Of America And The Government Of The People’s Republic Of China....more

Hogan Lovells

China: implementing regulations for new Trademark Law published - Weapons against bad faith filings upgraded, but uncertainty...

Hogan Lovells on

On 11 October 2019, China's State Administration for Market Regulation ("SAMR") published the Regulations on the Registration of Trademarks, which will become effective on 1 December 2019. The Regulations are implementing...more

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