News & Analysis as of

OEM Trademarks

Linda Liu & Partners

How Do Trademark Registrants for OEM Production Respond to Cancellation based on Non-use for 3 Consecutive Years?

Linda Liu & Partners on

In recent years, the number of cancellations based on non-use of trademarks for 3 consecutive years has increased year by year. When submitting use evidence to the CNIPA in response to the cancellation, there is a situation...more

Foley & Lardner LLP

Growing Infringement of OEM IP Rights on Online Marketplaces

Foley & Lardner LLP on

Sales of consumer products through online marketplaces have been commonplace for years and account for a significant portion of the total consumer products marketplace. Sellers of industrial products such as replacement...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

Seyfarth Shaw LLP

An Ounce Of Prevention Is Worth A Pound Of Cure: How OEMs Can Protect Brand Strength In A Dealer Termination

Seyfarth Shaw LLP on

With the dramatic expansion of e-commerce in automobile sales in recent years, particularly during the COVID-19 pandemic, many now predict that this shift to online will create a permanent change in automotive retailing and...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

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

Hogan Lovells

Has the dust settled on OEM trademark infringement? China’s SPC reaffirms that OEM does not infringe on Chinese trademarks

Hogan Lovells on

In a recent landmark decision, the Supreme People’s Court (“SPC”) reversed the remarkable appeal decision in the Dongfeng trademark case about Original Equipment Manufacture (“OEM”). The SPC reiterates its view expressed in...more

Hogan Lovells

China's OEM jurisprudence 1.5 years after the Pretul case: OEM use may still infringe upon Chinese trademarks

Hogan Lovells on

OEM is a business model whereby a trademark owner orders its products from a manufacturer, often located abroad, who manufactures and supplies products branded with the purchasers marks instead of his own marks. In China,...more

K&L Gates LLP

Chinese High Court Decision Confirms the OEM Exception to Trade Mark Infringement for the First Time

K&L Gates LLP on

For years, overseas companies that manufacture goods featuring their brands in China only for export have faced issues where a Chinese National had registered their trade mark in China. This is because the owner of the...more

Dorsey & Whitney LLP

China Supreme Court Has Spoken: Long Anticipated Decision on OEMs and Trademark Use

Dorsey & Whitney LLP on

China has been the factory of the world for the past few decades. Countless foreign brand owners have taken advantage of the low-cost manufacturing environment and have flocked to the middle kingdom to source their goods –...more

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