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.

Hermès is a prestigious French fashion house. Since 1837, it has remained faithful to its artisanal model and humanist values. The Hermès brand and the iconic commercial designs associated with Hermès enjoy a high reputation around the world.

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

When goods are manufactured in China by an OEM factory for export, the foreign buyer is not always the owner, in China, of the trademark that is affixed on the goods.
Then, a serious question arises: what if the trademark is registered in the name of a third party, and such third party decides to sue the factory for infringement, and stop the exportation of the goods?

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".