
CNIPA 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), Footjoy (golf wear) and Scotty Cameron (putter), among others.
Mar 03 2022

CNIPA 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, with the exception of trademark infringement (which has been treated separately).
Jan 20 2022

INTA 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 and shape of intellectual property (IP) rights protection in China since the 4th Amendment of the Law came into force in 2019.
Dec 08 2021

Beijing 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 Intellectual Property Administration (CNIPA); and (2) a sui generis protection system.
Nov 28 2021

TOMMY HILFIGER overcomes CNIPA’s refusal over a stripe logo mark
Article 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 circumstances are known as absolute grounds. Article 10.1.2 prohibits inter alia a sign, which is identical with or similar to the national flag of a foreign country, from being used (and registered) as a trademark, unless the consent of the government of that country is obtained.
Nov 28 2021

Two 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 the refusal of one of CARTELO's trademarks, the Supreme People's Court has, on 19 October 2020, made a full review and analysis of some of the main aspects of this conflict.
Oct 05 2021

Lessons Learned: Ending a Trademark License Agreement in China (2021)
Litigation related to joint investment and trademark licensing can be complex and costly, particularly if the parties’ agreement did not foresee and carefully describe what will happen upon termination of their relationship. Two famous cases concerning soft drinks in China provide an interesting illustration: the Red Bull Vitamin Beverage (Red Bull China) Company v. Tencel Pharmaceutical (Thailand) Company case (Red Bull case) and the Guangzhou Pharmaceutical Holding (GPH) v. Dongguan Jia Duo Bao Drink & Food Co., Ltd. (JDB) (Wang Lao Ji case).
July 21 2021

Chinese Court Rules Against Trade Mark Squatter
On 18 March 2021, the Minhang District (Shanghai) Court published on its website a judgment, rendered on 25 September 2020, which could become a precedent in the fight against trade mark squatting.
Mar 31 2021

Champagne’s Journey: A Roadmap for the Protection of Foreign GIs in China
The Comité Interprofessionnel du vin de Champagne (CIVC) is the trade association representing the interests of independent Champagne producers and Champagne houses. Champagne is known by Chinese consumers as ‘香槟’, one of the transliterations of the French appellation d'origine contrôlée (controlled designation of origin). Starting in 1989, when the then China Trademark Office (CTMO) confirmed in two administrative notices that the appellation of origin ‘香槟’ was not a generic name and was thus eligible for protection, up to 2022 when the Beijing Intellectual Property Court ruled that 香槟 was a well-known trademark, the CIVC has been advancing the legal protection of the geographical indication (GI) ‘香槟’ in China for over three decades. This journey outlines a roadmap for the protection of foreign GIs in China.
Mar 31 2021

Tommy Hilfiger invalidates a trademark piggybacking its iconic flag logo in actual use
As a rising fashion brand in China marketplace, Tommy Hilfiger (TH) has been constantly challenged by an increasing number of copycats. The infringer usually registers a mark that bears some resemblance to TH’s word and/or device marks and deliberately altered the mark in actual use by highlighting the TOMMY part and/or colouring the device part to heighten the resemblance.
Dec 15 2020

Courts are evolving to tackle bad faith trademark filings in China
In an era that the significance of intellectual property has been reiterated and elevated to the national strategy level, the Chinese judiciary has been innovatively tackling bad faith trademark filings and reshaping the jurisprudence in this regard.
June 24 2020

Chinese Trademark Office backs Xiaomi in its opposition against a copycat of its “MI” logo (2020)
On 3 September 2020, the Chinese smartphone giant Xiaomi prevailed in an opposition action, against “ CNMI” (Chinese characters of “Orange Mi” + cnmi). The case was selected as one of the “CTMO’s Exemplary Trademark Opposition and Adjudication Cases in 2020”.
June 18 2020