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On January 13, 2023, the China National Intellectual Property Administration (CNIPA) published on its official website the draft fifth amendment to the Trademark Law (with a call for public comments) and some explanatory notes.

Hermès is a prestigious French fashion house. Since 1837, it has remained faithful to its artisanal model and humanist values. The Hermès brand and the iconic commercial designs associated with Hermès enjoy a high reputation around the world.

In the Emerson case in April relating to the reimbursement of expenses in trademark administrative actions, the Fujian High People’s Court has confirmed the liability of the agency, Xin Jun Intellectual Property Co., Ltd. (Xing Jun), which accounted for 47 of the 48 contested trademarks.

In the beginning of the year 2018, the China Trademark Office launched a vast consultation for the fourth revision of the Trademark Law, offering three full months to all parties concerned, both nationals and foreign, for submitting suggestions.

According to article 45 of the Chinese Trademark Law, a trademark owner who discovers the existence of a trademark registered subsequently to his own and considers that it is identical or similar and covers identical or similar goods, may request the TRAD (Trademark Revision and Adjudication Department) to invalidate the trademark. However, it is not possible to request the prohibition of its use.

Hermès is a prestigious French fashion house. Since 1837, it has remained faithful to its artisanal model and humanist values. The Hermès brand and the iconic commercial designs associated with Hermès enjoy a high reputation around the world.

Registration of a nontraditional trademark is often an onerous task, and nontraditional trademark protection varies from jurisdiction to jurisdiction. In 2021, members of the Non-Traditional Marks Committee, Asia-Pacific Subcommittee developed a matrix summarizing the rules and practices of nontraditional trademarks in 26 Asia-Pacific countries and regions, namely, Australia, Brunei, Cambodia, China, Fiji, Hong Kong SAR, Indonesia, Japan, Kiribati, Laos, Macau SAR, Malaysia, Myanmar, New Zealand, Papua New Guinea, the Philippines, Samoa, Singapore, the Solomon Islands, South Korea, Taiwan, Thailand, Tonga, Tuvalu, Vanuatu, and Vietnam. In 2022, the matrix was updated by the new Subcommittee members. The matrix showcases registrable nontraditional trademarks throughout the Asia-Pacific region, perhaps offering practitioners and brand owners some insights on how to navigate the prosecuting landscape of nontraditional trademarks in the region.

Precis: The ruling in a civil suit against Wuxi Smile IoT Ltd establishes that, when considering whether modified genuine products constitute trademark infringement, whether the alleged acts are detrimental to a trademark owner’s legitimate rights is the key issue.

Based in Switzerland, LVMH Swiss Manufactures SA (‘LVMH Swiss’) is a wholly owned subsidiary of the LVMH Group, offering luxury watches reflecting Swiss watchmaking excellence. TAG Heuer is a watchmaking pioneer and one of the eight brands under LVMH’s Houses in the watches and jewellery sector.

On 14th June 2022, the Beijing High Court rendered the final decision in a trademark dispute administrative retrial proceeding surrounding the registration of a disputed mark “ ”, featuring stylized “M & MONALISA” in class 11. The retrial court revoked the decisions of the trial court and the court of appeal, upholding the TRAB decision that partially revoked the registration of the disputed mark. The retrial decision puts an end to a decade-long trademark dispute that went through the TRAB procedure, two instances of court proceeding, a very rare procuratorial protest of the Supreme People’s Procuratorate and a retrial proceeding, exhausting almost every possible remedy available in the toolbox.

Acushnet Company is a recognised global leader in the golf industry, offering quality and performance golf products, which are categorised and traded under brands such as Titleist (golf equipment), Footjoy (golf wear) and Scotty Cameron (putter), among others.

On December 13, 2021, the CNIPA released the Criteria for Determination of General Trademark Violations. These criteria, listed in 35 articles, define in detail the various types of trademark offences, with the exception of trademark infringement (which has been treated separately).