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China Trademark Litigation

Mayer Brown

Chinese IP Agency Sanctioned for Acting for Trademark Hijackers

Mayer Brown on

Brand owners in China continue to grapple with recurring problems of trademark squatting, hijacking, and infringement. Some malicious trademark agencies employ complex strategies to assist individuals or entities acting in...more

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

A Brief Analysis of Determining Similar Goods in Trademark Infringement Cases people

Linda Liu & Partners on

The determination of similar goods, as a constituent element in determining whether infringement exists in trademark infringement cases, has consistently garnered significant attention, and remains a contentious issue. This...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

Linda Liu & Partners

Legal Analysis of Trademark Infringement Risk of Product Models

Linda Liu & Partners on

In recent years, the forms of trademark infringement have become more and more diverse. The Trademark Law, the Regulations for the Implementation of the Trademark Law and judicial interpretations have clearly stipulated that...more

Linda Liu & Partners

Trademark Infringement Judgment Standard | DUELER Tire Trademark Infringement Dispute

Linda Liu & Partners on

The exclusive right to use the trademark "DUELER" enjoyed by Bridgestone Corporation shall be protected by law. According to the product brochure of Bridgestone Corporation, the trademark is used on its off-road vehicle...more

Linda Liu & Partners

Administrative Investigation of 4 Infringing Bases simultaneously with High Fines | “UFO CATCHER” Trademark Infringement Dispute...

Linda Liu & Partners on

Insights from the case - When the same act involves infringement of multiple rights of the right holder, the right holder can choose the most effective right to claim according to the specific circumstances of the case....more

Linda Liu & Partners

New Changes in the Suspension of Trademark Refusal Review Cases and the Pre-registration of Administrative Litigation

Linda Liu & Partners on

The number of existing valid registered trademarks in China is large, and the annual number of trademark applications is also large, which makes it difficult for enterprises to successfully register trademarks. According to...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

Dorsey & Whitney LLP

Update regarding trademark proceedings in China: Rules on Suspension of CNIPA Trademark Proceedings

Dorsey & Whitney LLP on

The China National Intellectual Property Administration (“CNIPA”) recently released its Rules On Suspension of CNIPA Trademark Proceedings (the “Suspension Rules”) and related explanations. The Suspension Rules are intended...more

Linda Liu & Partners

Protection of Portrait Rights in Trademark Right Granting and Verification Cases

Linda Liu & Partners on

In the Civil Code of the People's Republic of China, which came into effect as of January 1, 2021, “personality rights” has become a major highlight for its independent codification. As a result, the protection of human...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

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

Linda Liu & Partners

[Webinar] The Strategies of IP Rights Enforcement in China - August 31st, 10:00 am - 11:00 am CEST

Linda Liu & Partners on

China has been successful in reshaping its image as it is evolving into one of the friendliest and most efficient jurisdictions for IP right holders, despite being once portrayed as a copycat-riddled market. A bunch of IP...more

Linda Liu & Partners

[Webinar] The Strategies of IP Rights Enforcement in China - August 30th, 10:00 pm - 11:00 pm ET

Linda Liu & Partners on

China has been successful in reshaping its image as it is evolving into one of the friendliest and most efficient jurisdictions for IP right holders, despite being once portrayed as a copycat-riddled market. A bunch of IP...more

Linda Liu & Partners

Does the Letter of Consent Still Work?

Linda Liu & Partners on

One day in the second half of 2021, the author attended the second-instance trial of an administration litigation for a refusal appeal as the attorney of the applicant of the disputed mark, and was informed by the litigation...more

Linda Liu & Partners

Sharpen Your Sword: Adduce Proof When Claiming Prior Copyright to Challenge a Trademark in China

Linda Liu & Partners on

A considerable amount of trademarks may also be protected by Chinese Copyright Law, when they meet the requirements of “work”. And the protection to works is NOT limited by the classification of goods, so claiming prior...more

Linda Liu & Partners

[Webinar] Sharpen Your Sword-Adduce Proof When Claiming Prior Copyright to Challenge a Trademark in China - May 23rd, 10:00 pm -...

Linda Liu & Partners on

A considerable amount of trademarks may also be protected by Chinese Copyright Law, when they meet the requirements of “work”. And the protection to works is NOT limited by the classification of goods, so claiming prior...more

Perkins Coie

Punitive Damages for Trademark Infringements in China - Developments and Best Practices

Perkins Coie on

China’s punitive damages regime was first introduced under Article 63 of the 2013 Trademark Law (TM Law) of the People’s Republic of China (PRC), which provides guidance to the People’s Courts on the assessment of damages in...more

Hogan Lovells

Dust unsettled? China's Supreme Court refines OEM jurisprudence in ground-breaking Honda judgment.

Hogan Lovells on

The Chinese Supreme People's Court ("SPC") recently handed down its latest judgment on whether Original Equipment Manufacturing ("OEM") may constitute trademark infringement in China. In its judgment, the SPC refines its...more

Hogan Lovells

Shanghai court innovates with punitive damages for trademark infringement: IP owners can aim higher

Hogan Lovells on

The Shanghai Pudong District Court has recently handed down a remarkable judgment, awarding punitive damages equal to 3 times the proven damages to a foreign sportswear company, and fully upheld the company's claim for RMB 3...more

Hogan Lovells

China: Would a rose by any other word taste as sweet? Blocking rose-shaped chocolate monopoly in a complex trademark & OEM dispute

Hogan Lovells on

Our China team and Hogan Lovells Fidelity have recently secured an important victory for WAWI Xiamen (Chinese subsidiary of the leading German chocolate manufacturer Wawi Group), successfully defending it from a 3D trademark...more

Hogan Lovells

China Trademarks: 2018 Highlights & 2019 Forecast

Hogan Lovells on

Last year, right holders in China have seen a number of major developments including; a milestone Supreme Court judgment dealing with trademark squatting, new specialized cyberspace courts, a new E-Commerce law, clarification...more

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