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Trademarks › China

A Trademark is a legally registered distinctive mark or sign which identifies goods, products or services that originate or are associated with a particular person or enterprise . A typical example of a trademark... more +
A Trademark is a legally registered distinctive mark or sign which identifies goods, products or services that originate or are associated with a particular person or enterprise . A typical example of a trademark would be a company's logo such as the Nike "Check" or McDonald's "Golden Arches."  less -
Linda Liu & Partners

A Preliminary Analysis of the Strategies That Can Be Adopted in Trademark Refusal Appeal Cases Where Trademarks Are Identical or...

Linda Liu & Partners on

China, which has enjoyed the reputation of being the “World’s Factory” and an “Important World Market” for many years, has also topped the global list in trademark applications for 20 consecutive years. Due to China National...more

McDonnell Boehnen Hulbert & Berghoff LLP

AI News Roundup – China looking to set global AI standards, reconstruction of ancient writings, growth of AI summarization, and...

McDonnell Boehnen Hulbert & Berghoff LLP on

To help you stay on top of the latest news, our AI practice group has compiled a roundup of the developments we are following....more

Linda Liu & Partners

Trademark Infringement Issues that cannot be Ignored in the Refurbishment of Used Goods

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With the rapid economic development in the society, the update and iteration speed of many products, especially electronic products, is accelerating. This situation has also given rise to a huge market for the recycling and...more

Linda Liu & Partners

Suspension of Review for the Refusal Appeal of Trademark Application

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In June 2023, the China National Intellectual Property Administration (CNIPA) released an article “Interpretation of the ‘Regulations on the Circumstances of Suspension of Review Cases’” (the “Interpretation”) on its official...more

Linda Liu & Partners

An Analysis of the Trademark Use Circumstances as a Defense against Misidentification Clauses --Trademark Sign Containing Terms...

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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

A Brief Analysis of Determining Similar Goods in Trademark Infringement Cases people

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The determination of similar goods, as a constituent element in determining whether infringement exists in trademark infringement cases, has consistently garnered significant attention, and remains a contentious issue. This...more

Linda Liu & Partners

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

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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...

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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

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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

Trademark Infringement Judgment Standard | DUELER Tire Trademark Infringement Dispute

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The exclusive right to use the trademark "DUELER" enjoyed by Bridgestone Corporation shall be protected by law. According to the product brochure of Bridgestone Corporation, the trademark is used on its off-road vehicle...more

Linda Liu & Partners

Protection of Prior Trade Name in the Trademark Right Granting and Verification Proceedings | “TDK” Trademark Opposition Case

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When the prior trade name has a high reputation, and the goods using the trade name have a strong connection to the designated goods of the opposed mark, especially when the word part of the opposed mark is identical with the...more

Linda Liu & Partners

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

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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...

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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

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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

Linda Liu & Partners

Even if a product is manufactured by using the technology purchased from right holder, the use of the right holder’s trademark on...

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Company H claimed that the “S” branded engines used in the motorboats it produced came from a lawful source and were used in a proper procedure, and that it had the right to make derivative use of the purchased engines, and...more

Neal, Gerber & Eisenberg LLP

Client Alert: Draft Trademark Law Amendment and its Potential Impact on China Trademark Strategy

Neal, Gerber & Eisenberg LLP on

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

Determination of Product Packaging and Decoration that has Certain Influence | Curry Product Packaging Unfair Competition Dispute

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When the text, graphics, colors and arrangement and combinations attached to the goods or their packaging can distinguish the source of the goods, it constitutes the packaging and decoration with certain influence protected...more

Linda Liu & Partners

Administrative Investigation of 4 Infringing Bases simultaneously with High Fines | “UFO CATCHER” Trademark Infringement Dispute...

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Insights from the case - When the same act involves infringement of multiple rights of the right holder, the right holder can choose the most effective right to claim according to the specific circumstances of the case....more

McDonnell Boehnen Hulbert & Berghoff LLP

International Trade Commission Issues Report of COVID-19 IP Waiver

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It came as something of a shock in May, 2021 when the Biden administration voiced support for waiver of intellectual property protection mandated under the TRIPS agreement for COVID-19 vaccines (see "Biden Administration...more

Linda Liu & Partners

Notable Points for the Use of Intellectual Property Rights and Contractual Agreements in Co-branding

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In today's extremely rich material environment, many consumers choose goods not only based on simple cost performance to decide, but are willing to pay for creativity and brand value recognition. Consumer choice trends...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

New Changes in the Suspension of Trademark Refusal Review Cases and the Pre-registration of Administrative Litigation

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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

Sterne, Kessler, Goldstein & Fox P.L.L.C. on

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

Sterne, Kessler, Goldstein & Fox P.L.L.C. on

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

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