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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 -
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 -
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 -
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 -
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 -
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 -
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 -
Lessons Learned: Ending a Trademark License Agreement in Chi...July 21 2021Lessons 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 terminati...July 21 2021 -
Chinese Court Rules Against Trade Mark SquatterMar 31 2021Chinese Court Rules Against Trade Mark SquatterOn 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 Foreig...Mar 31 2021Champagne’s Journey: A Roadmap for the Protection of Foreign GIs in ChinaThe 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 con...Mar 31 2021 -
Tommy Hilfiger invalidates a trademark piggybacking its icon...Dec 15 2020Tommy Hilfiger invalidates a trademark piggybacking its iconic flag logo in actual useAs 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 resemblan...Dec 15 2020 -
Courts are evolving to tackle bad faith trademark filings in...June 24 2020Courts are evolving to tackle bad faith trademark filings in ChinaIn 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 filin...June 24 2020