In July 2017, Xiaomi launched a smart speaker with a voice activation command prompt (VACP) called ‘小爱同学’ (Xiao Ai Tong Xue), which later became the name of its AI-powered voice-interaction product. In August 2017, a Chinese person named Chen Xiong registered 小爱同学 as a trademark. Between then and June 2020, Chen filed for 66 marks in 21 classes and, after obtaining the registration, sent a cease-and-desist letter demanding Xiaomi to cease use of the mark. Chen then began to use the mark on watches and clocks.

The dispute between Lacoste and Cartelo, which has spanned over two decades and involved multiple court cases, has come to a new stage. Lacoste, a globally recognised brand known for its iconic right-facing crocodile logo, found itself embroiled in legal battles with Cartelo, a company that adopted a similar, left-facing crocodile symbol for its products.

On 1 February 2024, two regulations issued by the China National IP Administration (CNIPA) on 29 December 2023 will enter into effect. The regulations provide details on the registration, administration and protection of geographical indications (GIs).

On 26 September 2023 the Supreme People's Court of China issued a final judgment finding that Jiangxi Xinbailun Lingpao Sporting Goods Co Ltd and Guangzhou Xinbailun Lingpao Sporting Goods Co Ltd (collectively ‘Lingpao’) had infringed the iconic ‘N’ trademark of New Balance and the trade dress of New Balance Trading (China) Co Ltd, a subsidiary of New Balance, and had thus committed acts of trademark infringement and unfair competition.

On 8 November 2023 the Hubei High Court issued a judgment in the long-running Michelin saga, upholding the first-instance decision and clarifying some interesting aspects about well-known status of trademarks in China (2022 E Zhi Min Zhong no 190).

The dispute involved the Bureau National Interprofessionnel du Cognac (BNIC) - the French organisation responsible for promoting and safeguarding the geographical indication (GI) ‘Cognac’ - and the Chinese affiliates of Ford Motor Company, a prominent automotive supplier (hereinafter referred to as ‘Ford China’).

The Zhejiang High Court has upheld a first-instance decision that determined infringing use of a trade name that constituted unfair competition. The word ‘Michelin’, which is the name of a French company famous for its tyres, as well as the Michelin Guide, is written ‘米其林’in Chinese – pronounced ‘mi qi lin’. This Chinese name is registered, along with Michelin, in Classes 12 (tyres) and 16 (the guide).

Michelin tyres and the Michelin Guides are the two core product lines of the Michelin Group. The increasing popularity of Michelin in China recently led the company to take enforcement measures not only against tyre manufacturers or restaurants and catering businesses, but also against pet-related products and services.

TOMMY HILFIGER v TOMMY CROWN: ‘transformative use’ of registered trademark found to be infringing

In a recently surfaced administrative decision, the Beijing Intellectual Property Court has sided with the applicant for a defensive trademark, finding no foul play in the applicant’s conduct. Rendered on 26 December 2022, the decision considered whether the defensive trademark registration constituted a bad-faith application for a trademark that was not intended for use, which is banned by Article 4 of the 2019 China Trademark Law.