News & Analysis as of

Trademark Registration CNIPA

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

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

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

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

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

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

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

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

A brief introduction to the relationship between a drug’s generic name, trade name, and trademark

Linda Liu & Partners on

As a special product, the quality of drugs is a matter of health and safety for millions of consumers. Therefore, China has implemented strict regulations on drugs, including their names. There are three different names for...more

Linda Liu & Partners

The examination practice and solution of a “continuation trademark application” (referring to a new trademark application filed by...

Linda Liu & Partners on

In this era of fast development and change, the product structure is constantly innovating. Thus market players inevitably need to upgrade their trademarks from time to time. This will lead to a “continuation trademark...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

Linda Liu & Partners

Has Your Trademark Been “Quarantined”?

Linda Liu & Partners on

As the COVID-19 pandemic continues to spread, “quarantine” has become a term that is used very frequently in everyday life. In fact, there is also “quarantine” in the field of trademarks. Article 50 of the Trademark Law of...more

Linda Liu & Partners

The IP Related Statistics in 2021 and the Latest Trend in Chinese Patent Examination

Linda Liu & Partners on

Foreign enterprises’ confidence in China's IPR protection has been further enhanced. In 2021, 110,000 Chinese invention patents have been granted to foreign applicants, a year-on-year increase of 23.0%; 194,000 trademarks...more

Tarter Krinsky & Drogin LLP

China Issues Stricter Rules on Trademark Use

On January 1, 2022, the China National Intellectual Property Administration’s (CNIPA) newly-issued Standards for Judging General Trademark Violations (Standards) took effect. The Standards implement concrete guidelines...more

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