INTA Issues Report on the Implementation of China’s Amended Trademark Law (2021)
INTA’s Trademark Office Practices Committee, China Subcommittee, has issued a Report on the Implementation of China’s Amended Trademark Law. It provides critical insights into the impact on the pace and shape of intellectual property (IP) rights protection in China since the 4th Amendment of the Law came into force in 2019.
Dec 08 2021
Beijing High Court grants Unilever’s OMO well-known trademark status in an administrative proceeding (2021)
In China, there are two different legal systems which are used for the protection of GIs: (1) the trademark system established by the China Trademark Office (CTMO), now under the China National Intellectual Property Administration (CNIPA); and (2) a sui generis protection system.
Nov 28 2021
Beijing High Court: Chinese equivalent of Milan could acquire secondary meaning through trademark use
Article 10.2 of China’s Trademark Law sets forth that a foreign geographic name known to the public shall not be used as a trademark, unless such name has other meaning.
Nov 12 2021
Two Crocodiles before the Supreme People’s Court of China (2021)
The battle between the French company LACOSTE and the ex-Singaporean company CARTELO over the crocodile device trademark has been going on, in China, for over two decades. In a retrial case concerning the refusal of one of CARTELO's trademarks, the Supreme People's Court has, on 19 October 2020, made a full review and analysis of some of the main aspects of this conflict.
Oct 05 2021
Lessons Learned: Ending a Trademark License Agreement in China (2021)
Litigation related to joint investment and trademark licensing can be complex and costly, particularly if the parties’ agreement did not foresee and carefully describe what will happen upon termination of their relationship. Two famous cases concerning soft drinks in China provide an interesting illustration: the Red Bull Vitamin Beverage (Red Bull China) Company v. Tencel Pharmaceutical (Thailand) Company case (Red Bull case) and the Guangzhou Pharmaceutical Holding (GPH) v. Dongguan Jia Duo Bao Drink & Food Co., Ltd. (JDB) (Wang Lao Ji case).
July 21 2021
Chinese Court Rules Against Trade Mark Squatter
On 18 March 2021, the Minhang District (Shanghai) Court published on its website a judgment, rendered on 25 September 2020, which could become a precedent in the fight against trade mark squatting.
Mar 31 2021
Tommy Hilfiger invalidates a trademark piggybacking its iconic flag logo in actual use
As a rising fashion brand in China marketplace, Tommy Hilfiger (TH) has been constantly challenged by an increasing number of copycats. The infringer usually registers a mark that bears some resemblance to TH’s word and/or device marks and deliberately altered the mark in actual use by highlighting the TOMMY part and/or colouring the device part to heighten the resemblance.
Dec 15 2020
Courts are evolving to tackle bad faith trademark filings in China
In an era that the significance of intellectual property has been reiterated and elevated to the national strategy level, the Chinese judiciary has been innovatively tackling bad faith trademark filings and reshaping the jurisprudence in this regard.
June 24 2020
Chinese Trademark Office backs Xiaomi in its opposition against a copycat of its “MI” logo (2020)
On 3 September 2020, the Chinese smartphone giant Xiaomi prevailed in an opposition action, against “ CNMI” (Chinese characters of “Orange Mi” + cnmi). The case was selected as one of the “CTMO’s Exemplary Trademark Opposition and Adjudication Cases in 2020”.
June 18 2020
Which trademark cases were selected by the Chinese SPC in 2019? (2020)
Unlike European and American Supreme Courts, the Chinese Supreme Court (SPC) reexamines cases not only on points of law but also on facts. In a way, it constitutes a third degree of jurisdiction, after the court of appeal (the High Court of the Province). This entails a very heavy workload every year. In 2019, the SPC issued more than 500 decisions (judgments and rulings), mostly relating to trademark prosecution matters.
June 11 2020
SPC Clarifies the Condition of Prior Use Defense in a Trademark infringement case (2020)
In its recently delivered judgment (Lin Mingkai v. Fuyun, [2018] ZGFMZ No. 43, Sep 3, 2019), the SPC clarified the condition requirements of the prior use defense (Article 59.3 of the Trademark Law), indicating that the eligible person to make the defense is limited to the prior user itself; the "use" must be prior to the application for registration and the trademark owner’s use of the registered trademark; and, for the first time, the SPC makes it clear that geographical scope is a key element to define the "original scope".
Apr 08 2020
Which trademark cases were selected by the Chinese SPC in 2019? (2020)
Unlike European and American Supreme Courts, the Chinese Supreme Court (SPC) reexamines cases not only on points of law but also on facts. In a way, it constitutes a third degree of jurisdiction, after the court of appeal (the High Court of the Province). This entails a very heavy workload every year. In 2019, the SPC issued more than 500 decisions (judgments and rulings), mostly relating to trademark prosecution matters.
Apr 06 2020
