July 8, 2025

Practice Tips: Applying Article 15 to Prevent Cooperative Party Bad Faith Registration

Blogs, Trademark /

What is Article 15 of China Trademark Law About? The intent of Article 15, Paragraph 2 of the Trademark Law is to prevent individuals who are aware of another’s trademark, due to their specific relationship, from infringing upon that trademark.  This aims to foster a marketplace characterized by honesty and fair competition. An unregistered trademark […]

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Case Law: Foreign Trademarks Rejected on Absolute Grounds

Blogs, Trademark /

Throughout the lengthy process of applying for a trademark, even if the trademark is an invented word in a foreign language, examiners often assign various “translations” to it. This can lead to rejections based on absolute grounds such as lack of distinctiveness, potential for confusion, and negative implications.  Despite the applicant’s strong arguments during the

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Practice Tips: Steps to Take Once Your Trademark Being Squatted

Blogs, Trademark /

Where the right owner fails to register their trademark promptly, allowing a squatter to take advantage and register it instead. Such registration not only results in the original owner losing control over their trademark and suffering infringements on their rights and reputation, but it also disrupts their business operations, leading to financial losses. Consequently, the

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Revised Evidence Requirements for Non-Use Cancellations in China

Blogs, Trademark /

The China National Intellectual Property Administration (CNIPA) has recently issued rectification notices to non-use cancellation applications. This initiative aims to enhance the standards for filing cancellation requests and prevent arbitrary submissions. According to the rectification notice, applicants are now required to present preliminary evidence indicating that the registered trademark has not been utilized in the

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Patent Infringement Established without Physical Product

Blogs, Patent /

This case introduces a novel litigation strategy for assessing patent infringement related to the use of large industrial equipment, particularly in situations where obtaining physical evidence is challenging. It also highlights the commitment of Chinese courts to address evidentiary difficulties faced by rights holders. Neutral Point Drift of Siemens AG The plaintiff, Siemens AG, has

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Jingce Case: Innovative Evidence Collection Techniques for Unconventional Industrial Products in Patent Infringements

Blogs, Patent /

In the patent infringement lawsuit involving Wuhan Jingce Electronics and Suzhou Haide Company, Jingce Electronics encountered a challenge in the initial trial. Our team, representing Jingce Electronics, achieved notable success during the appeal, convincing the Supreme People’s Court to totally reverse the original ruling of the first instance and fully support our main arguments. The

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Overview of Burden of Proof in China Patent Infringement Cases

Blogs, Patent /

General Rule In patent infringement cases, the burden of proof is outlined in Article 2 of the Supreme People’s Court’s Several Provisions on Evidence in Intellectual Property Civil Proceedings. In these civil intellectual property matters, including patent disputes, the plaintiff is responsible for the initial burden of proof, which requires them to present preliminary evidence

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Analysis of IP Licensing Within the Copyright Framework – Risks and Solutions

Blogs, Copyright /

The Chinese animated film “Nezha 2” is expected to break box office records, surpassing $10 billion. This surge in related intellectual property (IP) merchandise highlights the strength of high-quality IP derivatives in China. Adaptations of various creative works—such as novels, films, TV shows, animations, and games—are crucial for the entertainment industry. Today, IP is an

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Evolving Trends in Chinese Trademark Law: Empowering Registrants to Proactively Utilize the Registrations

Blogs, Trademark /

In recent years, the increase in trademark registrations in China has led to some concerning trends, such as registration without use, malicious preemptive registrations, and trademark hoarding for speculative purposes. This has resulted in a significant number of idle trademarks, which not only waste resources but also hinder some enterprises from registering their desired brands. 

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Assessing Trademark Infringement in the Realm of E-Commerce

Blogs, Trademark /

As online sales continue to grow, the issue of trademark infringement has become increasingly significant due to advancements in internet technology. Many businesses rely on online sales, which has unfortunately led to some dishonest sellers taking advantage of others’ trademark rights. This raises the question: how should trademark infringement be assessed in the realm of

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