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The consequences of a trademark invalidation (2022)Aug 30 2022The consequences of a trademark invalidation (2022)According to article 45 of the Chinese Trademark Law, a trademark owner who discovers the existence of a trademark registered subsequently to his own and considers that it is identical or similar and ...Aug 30 2022
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Hermès awarded Rmb 2 million in damages for misuse of its t...Aug 18 2022Hermès awarded Rmb 2 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...Aug 18 2022
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Navigating Asia-Pacific’s Nontraditional Marks Maze (2022)Aug 03 2022Navigating Asia-Pacific’s Nontraditional Marks Maze (2022)Registration of a nontraditional trademark is often an onerous task, and nontraditional trademark protection varies from jurisdiction to jurisdiction. In 2021, members of the Non-Traditional Marks Com...Aug 03 2022
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Beijing High Court: Chinese equivalent of Milan could acquir...July 06 2022Beijing High Court: Chinese equivalent of Milan could acquire secondary meaning through trademark useArticle 10.2 of China’s Trademark Law sets forth that a foreign geographic name known to the public shall not be used as a trademark, unless such name has other meaning.July 06 2022
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Beijing High Court elaborates its position on continuation o...June 14 2022Beijing High Court elaborates its position on continuation of trademark registration in Mona Lisa feud (2022)On 14th June 2022, the Beijing High Court rendered the final decision in a trademark dispute administrative retrial proceeding surrounding the registration of a disputed mark “ ”, featuring stylized...June 14 2022
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Qingdao IP Tribunal clarifies the criteria of exhaustion in ...June 11 2022Qingdao IP Tribunal clarifies the criteria of exhaustion in cases of product modification (2022)Precis: The ruling in a civil suit against Wuxi Smile IoT Ltd establishes that, when considering whether modified genuine products constitute trademark infringement, whether the alleged acts are detri...June 11 2022
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CNIPA Backs Acushnet in Opposition Against ‘Shifty’ Applic...Mar 03 2022CNIPA Backs Acushnet in Opposition Against ‘Shifty’ Application (2022)Acushnet Company is a recognised global leader in the golf industry, offering quality and performance golf products, which are categorised and traded under brands such as Titleist (golf equipment), Fo...Mar 03 2022
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CNIPA releases the Criteria for Determination of General Tra...Jan 20 2022CNIPA releases the Criteria for Determination of General Trademark Violation (2022)On December 13, 2021, the CNIPA released the Criteria for Determination of General Trademark Violations. These criteria, listed in 35 articles, define in detail the various types of trademark offences...Jan 20 2022
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INTA Issues Report on the Implementation of China’s Amended...Dec 08 2021INTA Issues Report on the Implementation of China’s Amended Trademark Law (2021)INTA’s Trademark Office Practices Committee, China Subcommittee, has issued a Report on the Implementation of China’s Amended Trademark Law. It provides critical insights into the impact on the pace...Dec 08 2021
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Beijing High Court grants Unilever’s OMO well-known tradema...Nov 28 2021Beijing High Court grants Unilever’s OMO well-known trademark status in an administrative proceeding (2021)In China, there are two different legal systems which are used for the protection of GIs: (1) the trademark system established by the China Trademark Office (CTMO), now under the China National Intell...Nov 28 2021
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TOMMY HILFIGER overcomes CNIPA’s refusal over a stripe logo...Nov 28 2021TOMMY HILFIGER overcomes CNIPA’s refusal over a stripe logo markArticle 10 of China’s Trademark Law enumerates circumstances where a trademark application will be ex officio refused by the China National Intellectual Property Administration (CNIPA). These circums...Nov 28 2021
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Two Crocodiles before the Supreme People’s Court of China (...Oct 05 2021Two Crocodiles before the Supreme People’s Court of China (2021)The battle between the French company LACOSTE and the ex-Singaporean company CARTELO over the crocodile device trademark has been going on, in China, for over two decades. In a retrial case concerning...Oct 05 2021