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China Trademarks Trademark Infringement

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

Trademark Infringement Issues that cannot be Ignored in the Refurbishment of Used Goods

Linda Liu & Partners on

With the rapid economic development in the society, the update and iteration speed of many products, especially electronic products, is accelerating. This situation has also given rise to a huge market for the recycling and...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

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

Protection of Prior Trade Name in the Trademark Right Granting and Verification Proceedings | “TDK” Trademark Opposition Case

Linda Liu & Partners on

When the prior trade name has a high reputation, and the goods using the trade name have a strong connection to the designated goods of the opposed mark, especially when the word part of the opposed mark is identical with the...more

Linda Liu & Partners

Defense of Prior Use of Trademark | “PURE MALT” Trademark Infringement Dispute

Linda Liu & Partners on

Before the trademark registrant applies for trademark registration, if another person has used a trademark that is identical or similar to the registered trademark and has a certain influence on identical or similar goods...more

Linda Liu & Partners

Even if a product is manufactured by using the technology purchased from right holder, the use of the right holder’s trademark on...

Linda Liu & Partners on

Company H claimed that the “S” branded engines used in the motorboats it produced came from a lawful source and were used in a proper procedure, and that it had the right to make derivative use of the purchased engines, and...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

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

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

Copyright protection on trademark in trademark right affirmation cases (II)

Linda Liu & Partners on

4. The degree of originality influences copyright protection of device trademark - The device elements in a trademark can be divided into decorative device, device as the background of words, prominent device, pure device...more

Linda Liu & Partners

Copyright protection on trademark in trademark right affirmation cases (I)

Linda Liu & Partners on

As the most important intangible asset in business activities, a trademark with a novel, aesthetic, easy-to-remember and catchy design is often a powerful tool for business to open the market, maintain competitiveness and...more

Linda Liu & Partners

Some Concepts concerning“the Use of Trademark”in China’s Trademark Practice

Linda Liu & Partners on

Article 4 of the Trademark Law stipulates that "the use of the trademark referred to in this Law refers to the use of the trademark on goods, goods packaging or containers and goods transaction documents, or the use of the...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

A Brief Analysis of the Registration and Judicial Protection of Three-dimensional Trademarks in China

Linda Liu & Partners on

Since Article 8 of the Trademark Law of China (2001) stipulates that a three-dimensional sign can be filed for registration as a trademark, three-dimensional sign trademarks (also known as the “three-dimensional trademarks”)...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

Trademark infringement issues in OEM manufacturing in China

Linda Liu & Partners on

With the rapid development of international trade, the use of trademarks in OEM (original equipment manufacturing) often becomes a headache for both local and foreign OEM parties. Among them, the most concerned issue is the...more

Linda Liu & Partners

Build a great wall of trademark protection for your business on China’s e-commerce platforms

Linda Liu & Partners on

With the increasing protection of IP rights on e-commerce platforms, trademark registrants’ rights are respected and protected. It is difficult to sell counterfeit products on e-commerce platforms. For example, according to...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

Dorsey & Whitney LLP

How Far Can Injunctions Go? Part I: The Extraterritorial Reach of Trademark Injunctions from Hong Kong to China

Dorsey & Whitney LLP on

Foreign brand owners whose brands are being infringed in other countries may have an avenue to pursue extraterritorial injunctions. In this two part post, we examine how two courts: one in Hong Kong and the other in the U.S....more

Linda Liu & Partners

Cracking Down Copycat of Luxury Goods through Chinese Trademark and Unfair Competition Law with RMB 1M Damages

Linda Liu & Partners on

Unlike trademark right and patent right which is generated through registration, there is no specific certificate of rights for “commodity packaging and decoration with a certain influence” in the sense of the Anti-Unfair...more

Linda Liu & Partners

What's New on China's Punitive Damages in IP Litigation?

Linda Liu & Partners on

Punitive damages refer to the compensation determined by a court in excess of the actual loss of the right owner. In China, in infringement cases, the principle of compensatory damages has always been adopted, which is...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

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