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Trademark Registration China Trademarks

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

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

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

The Similarity of Foreign Language Trademarks should be Judged Based on the Common Understanding of the Relevant Public in China |...

Linda Liu & Partners on

The basic function of a trademark is to enable consumers to identify goods and their source. When the disputed trademark is a foreign language sign, the people's court shall, based on the common understanding of the relevant...more

Linda Liu & Partners

The Time Node for Judging Whether the Prior Right Exists is the Date of Approval for Registration at the Latest | “象球” (Xiang Qiu...

Linda Liu & Partners on

When applying for a trademark, the trademark owner shall not prejudice the prior rights of others, and shall fulfill the obligation of reasonable avoidance. However, considering that the trademark right has not been acquired...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

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

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

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

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

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

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

[Webinar] Trademark Non-use Cancelation in China - December 14th, 10:00 am CEST

Linda Liu & Partners on

Trademark non-use cancelation is one of most frequently used strategies in clearing prior trademark obstacles in China. How to effectively use this strategy to help register your trademark? How to defend your registration by...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

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

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

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