45 articles
Trademark Assignment Likely to Cause Confusion or Adverse Effects
Trademark assignment, as an important means of transferring trademark rights, helps revitalize trademark resources and boost the development of the brand econom…
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Notes on the Use of Registered Trademarks in China
In China, upon the approval of registration of a trademark by the Trademark Office, the trademark registrant shall enjoy the exclusive right to use the trademark. The reg…
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New Requirements for Trademark Non-Use Cancellation Applications
Article 49 of the Chinese Trademark Law provides that “Where a registered trademark has not been put in use for three consecutive years without a justifiable re…
Read article ↗A Brief Discussion on the Legal Protection of Unregistered Trademarks in China
The article discusses the protection of unregistered trademarks under China's Trademark Law and Anti-Unfair Competition Law, including prior use and the limits of protection.
Read article ↗Points to Consider When Designating Class 35 Services in Chinese Trademark Applications
According to the relevant provisions of the Trademark Law and its Implementing Regulations, when applying for registration of a trademark, the applicant shall f…
Read article ↗Special Time Limits for Territorial Extension of Madrid Trademark Registrations to China
The standards of substantive examination on territorial extension request for Madrid trademarks in China are the same as the standards on domestic trademarks in…
Read article ↗Examination of Chinese Trademarks Containing Generic Names
According to the relevant provisions of the Trademark Law of China, if a trademark only contains the generic name of the designated goods or services, it shall …
Read article ↗Trademark Use for “Sales Promotion for Others” in Class 35: The “几米阳光 and Device” Cancellation Review
Registration No.:4871143 Approved Services (Class 35): Organization of exhibitions for commercial or advertising purposes; acting as an intermediary for others (purchasing goods or services on behalf of other businesses); sales promotion for others; import-export agency services.
Read article ↗Handling Trademark Matters Directly in China
There are two ways for an applicant to handle trademark issues in China, one is to handle by himself, and the other is to entrust a trademark agency established…
Read article ↗Brief Analysis of Determination on Identical and Similar Combination Trademarks
Theoretically speaking, a combination trademark refers to a trademark composed of any two or more of the six elements of "words, graphics, letters, numbers, three-dimensi…
Trademark Use in Non-Use Cancellation Proceedings
I. Legal provisions on the use of trademarks Article 48 of the Chinese Trademark Law stipulates: "The use of a trademark as referred to in this Law means the ac…
Read article ↗Acquired Distinctiveness of Trademarks in China
1. Legal provisions The distinctive features of a trademark, also called “the distinctiveness of a trademark”, refers to the features that a trademark should ha…
Read article ↗Basic requirements for designating goods and services in Chinese trademark registration applications
Ⅰ. Overview of the classification of goods and services
Read article ↗Common reasons for refusal of trademarks containing numbers in China
According to Article 8 of the Chinese Trademark Law, any sign that can distinguish the goods of a natural person, legal person or other organizations from those of others…
Read article ↗Overview of the Trademark Examination and Trial Guidelines
Recently, the China National Intellectual Property Administration (CNIPA) has adjusted and supplemented the Trademark Examination and Trial Standards (hereinaft…
Read article ↗Can Advertising Slogans Be Registered as Trademarks?
Under China’s Trademark Law, any sign capable of distinguishing the goods of one natural person, legal person or other organization from those of others may be registered…
Read article ↗Assignment and Transfer of Registered Trademarks in China
Ⅰ. Legal Basis and Application Conditions According to Article 42 of China's Trademark Law and Articles 31 and 32 of the Regulations for the Implementation of t…
Read article ↗Trademark Applications Filed on the Same Day in China
1. What is “the same-day applications”?
Read article ↗Updating a Foreign Trademark Owner’s Name and Address in China
Trademark Office?
Read article ↗The Fourth Amendment to China’s Trademark Law
The fourth amendment to the Trademark Law of the People’s Republic of China took effect on November 1, 2019.
Read article ↗The “唯依” Device Mark and Louis Vuitton: A Trademark Administrative Dispute
An administrative lawsuit between Sheyang Xin'an Te Wire and Cable Factory (hereinafter referred to as Xin'an Te Wire and Cable Factory) and Louis Vuitton Malletier (hereinafter referred to as Louis Vuitton) over the trademark No.
FILA Trademark Case: RMB 8.32 Million Award Upheld on Appeal
Plaintiff: FULL PROSPECT (IP) PTE.
Understanding Article 50 of China’s Trademark Law
Article 50 provides that, when a registered trademark is revoked, declared invalid or cancelled because it is not renewed on expiry, the Trademark Office must not approve an identical or similar trademark within one year from the relevant date.
Read article ↗How effective are trademark coexistence agreements in China?
The International Trademark Association (INTA) defines a trademark coexistence agreement as “an agreement by two or more persons that similar marks can coexist without any likelihood of confusion” and “allows the parties to set rules by which the marks can peacefully coexist”.
Read article ↗Red-Sole Case Recognizes Eligibility of a Single Colour Applied in a Specific Position
Case number: (2018) Jing Xing Zhong No.
Use outside the Registered Goods Does Not Preserve a Trademark: ARTE COLL
Guangzhou Aibeifu Cosmetics Co., Ltd.
Assessing Similarity of Goods and Services in Chinese Trademark Practice
Are all goods or services in the same Chinese similarity group necessarily similar? If an application is refused because of a prior mark for similar goods or services, can the refusal be overcome on review by arguing that they are dissimilar.
Read article ↗Prior Copyright Defeats a Trademark Registration: D.H.A. Siamwalla v. TRAB
Case number: (2017) Jing Xing Zhong No.
Dividing a Trademark Application in China: Procedure and Practical Choices
Article 22 of the Implementing Regulations of the Trademark Law allows division where the Trademark Office refuses an application for only some designated goods.
Read article ↗POWERPOINT Trademark Refusal Reversed: Distinctiveness and Generic Names
Second-instance case number: (2016) Jing Xing Zhong No.
Why Register Copyright in the Graphic Element of a Trademark?
Preemptive trademark registrations are common in China.
Read article ↗Supreme People’s Court Accepts Coexistence Agreement for Google’s NEXUS Mark
In an administrative case concerning Google’s NEXUS application, the first- and second-instance courts refused registration because of Shimano’s earlier NEXUS mark for similar goods.
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Cross-Class Protection of Well-Known Trademarks in China
Article 13 of the Chinese Trademark Law provides that a mark applied for on dissimilar goods shall not be registered, and its use shall be prohibited, if it reproduces, imitates or translates another party’s well-known trademark registered in China, is likely to mislead the public and may damage the interests of the well-known mark’s owner.
Read article ↗Can a trademark containing or resembling a foreign country name be registered in China?
Article 10 of the Chinese Trademark Law prohibits the use as trademarks of signs identical or similar to the name of a foreign country, unless that country's government agrees. Country names
Read article ↗Must a Chinese Trademark Be Cancelled After Three Years of Non-Use?
Under Article 49 of China’s Trademark Law, any entity or individual may apply to the Trademark Office to cancel a registered trademark that has not been used for three consecutive years without a justified reason.
Read article ↗Notes of Entrusting Trademark Agencies in China
According to the Chinese trademark law and regulations, when a foreign citizen or foreign enterprise has trademark matters to attend to in China, if it or he has a habitual residence or busi
Read article ↗Changes in the implementing regulations for the 2013 Trademark Law (I)
The amended Trademark Law and its implementing regulations took effect on May 1, 2014. This article outlines principal changes affecting applicants.
Read article ↗Protection of trade names under China's Trademark Law
A trade name right, also called an enterprise name right, is a form of industrial property that entitles an enterprise to exclusive use of its registered trade name within a particular territory. Chin
Read article ↗China’s 2013 Trademark Law amendment: changes to opposition proceedings
China adopted the third amendment to its Trademark Law on 30 August 2013, with effect from 1 May 2014.
Read article ↗Letters of consent in Chinese trademark registration
A letter of consent is a written document signed by the owner of an earlier trademark consenting to the registration and use of an identical or similar mark, later filed by another party for the same or similar goods or services. Many intellectual property offices, including those of the United States and the United Kingdom, accept such letters.
Read article ↗Examining identical and similar composite trademarks in China
Article 8 of the Trademark Law described in this article permits registration of visual signs capable of distinguishing one person’s goods or services from those of others, including words, designs, letters, numbers, three-dimensional signs, colour combinations and combinations of these elements. A composite mark combines different elements, such as wording and a design.
Read article ↗Responding to trademark pre-emption
Article 31 of the Trademark Law applicable at the beginning of 2013 prohibits an application from infringing another person’s existing prior rights or using unfair means to register a mark that another person already uses and that has acquired a certain influence. This article addresses the latter form of pre-emptive registration.
Read article ↗Recognition of well-known trademarks in China
Under the Rules on the Recognition and Protection of Well-Known Trademarks, a well-known trademark is a mark widely known to the relevant public and enjoying a high reputation in China. The relevant public includes consumers of the goods or services bearing the mark, other operators producing those goods or providing those services, and sellers and other participants in the distribution channels.
Read article ↗Choosing goods and services for a Chinese trademark application
China is a party to the Nice Agreement and applies the Nice Classification. The Chinese Trademark Office also uses its own Classification of Similar Goods and Services, based on the Nice Classification. Examiners apply strict standards to descriptions, so applicants should use the two classifications to help avoid office actions. The following practical points may assist.
Read article ↗Actions for a declaration of trademark non-infringement
Actions seeking a declaration of non-infringement have attracted increasing attention in intellectual property litigation and have significant practical implications. This article briefly examines such actions concerning trademarks.
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