CNIPA has recently significantly changed its approach to accepting non-use cancellation applications for registered trademarks, by requiring more comprehensive preliminary evidence. This means that applicants in such...more
The Guidelines’ clear and standardized method for calculating illegal business turnover, and the specific rules provided for a number of complex situations will make it easier and more transparent in practice for both brand...more
The China National IP Administration (“CNIPA”) recently issued the "Specifications for Suspension of Trademark Review Cases" (“《评审案件中止情形规范》”, "Specifications"), in which it provides a set of rules for the suspension of...more
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
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
On 24 June 2022, China’s Supreme People’s Court (“SPC”) handed down its long-awaited retrial judgment in the MANOLO BLAHNIK trademark case. In this judgment, which was published online only a few days ago, the Supreme Court...more
China -
In February, during the peak of the COVID-19 epidemic in China, the Supreme People’s Court issued a statement that courts at all levels were to assist parties in litigation to file cases or mediate disputes online,...more
EUIPO -
For those with European Union Trademarks (EUTMs), the European Union Intellectual Property Office (EUIPO) in Alicante, Spain remains open although all staff are now working from home and it has extended all...more
3/16/2020
/ China ,
Coronavirus/COVID-19 ,
EPO ,
EU ,
European Union Intellectual Property Office (EUIPO) ,
European Union Trade Mark (EUTM) ,
Infectious Diseases ,
Intellectual Property Protection ,
Italy ,
Patents ,
Public Health ,
Trademarks ,
UK ,
USPTO
The Chinese Supreme People's Court ("SPC") recently handed down its latest judgment on whether Original Equipment Manufacturing ("OEM") may constitute trademark infringement in China. In its judgment, the SPC refines its...more
12/2/2019
/ Appeals ,
Automotive Industry ,
China ,
Corporate Counsel ,
Honda ,
Intellectual Property Protection ,
Manufacturers ,
Motor Vehicles ,
Myanmar ,
OEM ,
Supreme People's Court of China ,
Trademark Infringement ,
Trademark Litigation ,
Trademarks
On 11 October 2019, China's State Administration for Market Regulation ("SAMR") published the Regulations on the Registration of Trademarks, which will become effective on 1 December 2019. The Regulations are implementing...more
11/5/2019
/ Bad Faith ,
China ,
Corporate Counsel ,
Intellectual Property Protection ,
IP Portfolio ,
New Regulations ,
PRC Trademark Law Amendments ,
Regulatory Requirements ,
State Administration for Market Regulation (SAMR) ,
Trademark Application ,
Trademark Registration ,
Trademarks
On 23 April 2019, both China’s Trademark Law (“TML“) and its Anti-Unfair Competition Law (“AUCL“) were amended. The amendments to the TML are aimed at curbing bad faith trademarks and increasing damages for infringement,...more
5/7/2019
/ Amended Legislation ,
Anti-Competitive ,
Bad Faith ,
China ,
Competition ,
Infringement ,
Intellectual Property Protection ,
Trade Secrets ,
Trademark Infringement ,
Trademarks ,
Unfair Competition
Our China team and Hogan Lovells Fidelity have recently secured an important victory for WAWI Xiamen (Chinese subsidiary of the leading German chocolate manufacturer Wawi Group), successfully defending it from a 3D trademark...more
Last year, right holders in China have seen a number of major developments including; a milestone Supreme Court judgment dealing with trademark squatting, new specialized cyberspace courts, a new E-Commerce law, clarification...more
2/27/2019
/ China ,
Corporate Counsel ,
Cybersecurity ,
E-Commerce ,
Intellectual Property Protection ,
OEM ,
Supreme People's Court of China ,
Trademark Infringement ,
Trademark Litigation ,
Trademark Registration ,
Trademark Squatting ,
Trademarks
According to several recent publications by Chinese governmental authorities, both IP litigation and IP prosecution numbers in China continue to increase significantly. ...more
9/19/2018
/ China ,
Copyright ,
Copyright Infringement ,
Criminal Prosecution ,
Intellectual Property Litigation ,
Intellectual Property Protection ,
Patent Litigation ,
Patents ,
SIPO ,
Trademark Infringement ,
Trademarks ,
Venue
In a recent landmark decision, the Supreme People’s Court (“SPC”) reversed the remarkable appeal decision in the Dongfeng trademark case about Original Equipment Manufacture (“OEM”). The SPC reiterates its view expressed in...more
OEM is a business model whereby a trademark owner orders its products from a manufacturer, often located abroad, who manufactures and supplies products branded with the purchasers marks instead of his own marks. In China,...more
The reduced or waived administrative fees will certainly be beneficial for enterprises active in China, particularly for smaller enterprises and start-ups, as well as for companies that intend to register trademarks for a...more