-
Plaintiffs’ subjective intentions underlined in infringemen...Sept 13 2023Plaintiffs’ subjective intentions underlined in infringement counterclaim ruling (2023)A decision rendered by the Putuo District Court of Shanghai in October 2022 has been freshly published by IPHouse, bringing it centre stage once more. In this, court dismissed a trademark infringement...Sept 13 2023
-
Beijing High Court invalidates trademark pre-emptively regis...July 24 2023Beijing High Court invalidates trademark pre-emptively registered by squatter under Article 15(2)On 12 June 2023 the Beijing High Court rendered a decision finding that a trademark squatter that had not entered into business relations with the brand owner should be deemed as having “other relati...July 24 2023
-
Major trademark policy changes in China from 2021 to 2023July 04 2023Major trademark policy changes in China from 2021 to 2023Over the past two years, China has been reforming and optimising its judicial and administrative systems for trademarks. As part of these reforms, the first draft of an amendment to the Chinese Tradem...July 04 2023
-
Zhejiang High Court provides clarification on trade name con...May 19 2023Zhejiang High Court provides clarification on trade name confusion (2023)Plaintiff Johnson Electric, which was incorporated in Hong Kong on 25 April 1960, manufactures electric motors in mainland China via half a dozen affiliated companies, with the first one having been c...May 19 2023
-
TOMMY HILFIGER v TOMMY CROWN: ‘transformative use’ of regi...Apr 05 2023TOMMY HILFIGER v TOMMY CROWN: ‘transformative use’ of registered trademark found to be infringingTOMMY HILFIGER v TOMMY CROWN: ‘transformative use’ of registered trademark found to be infringingApr 05 2023
-
Beijing IP Court finds no bad faith in defensive trademark r...Mar 07 2023Beijing IP Court finds no bad faith in defensive trademark registration (2023)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. Render...Mar 07 2023
-
About Use, Bad faith and Well-known trademarks in the Contex...Jan 13 2023About Use, Bad faith and Well-known trademarks in the Context of the Fifth Amendment to the Trademark LawOn January 13, 2023, the China National Intellectual Property Administration (CNIPA) published on its official website the draft fifth amendment to the Trademark Law (with a call for public comments) ...Jan 13 2023
-
LVMH successfully blocks copycat trademark application incor...Dec 05 2022LVMH successfully blocks copycat trademark application incorporating its shield device (2022)Based in Switzerland, LVMH Swiss Manufactures SA (‘LVMH Swiss’) is a wholly owned subsidiary of the LVMH Group, offering luxury watches reflecting Swiss watchmaking excellence. TAG Heuer is a watchm...Dec 05 2022
-
Hermès awarded Rmb2 million in damages for misuse of its tr...Nov 28 2022Hermès awarded Rmb2 million in damages for misuse of its trademark and iconic design elements by real estate developer (2022)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 Herm...Nov 28 2022
-
BNIC successfully invalidates one of the Chinese translitera...Sept 30 2022BNIC successfully invalidates one of the Chinese transliterations for ‘Cognac’The Bureau National Interprofessionnel du Cognac (BNIC) is a coordination and decision-making body for the Cognac industry, comprising an equal number of winegrowers and merchants. The primary mission...Sept 30 2022
-
CHINA: Bad-Faith Case Puts Agents’ Role in the SpotlightSept 21 2022CHINA: Bad-Faith Case Puts Agents’ Role in the SpotlightIn the Emerson case in April relating to the reimbursement of expenses in trademark administrative actions, the Fujian High People’s Court has confirmed the liability of the agency, Xin Jun Intellect...Sept 21 2022
-
Introduction to the 4th Amendment to the Trademark Law of Ch...Sept 21 2022Introduction to the 4th Amendment to the Trademark Law of China (2019)In the beginning of the year 2018, the China Trademark Office launched a vast consultation for the fourth revision of the Trademark Law, offering three full months to all parties concerned, both natio...Sept 21 2022