Andrea_liang

Seasoned IP Attorney & Litigator

Case Law: Not well-known trademark granted for cross-class protection

The disputes between Huatuo Sinopharm and Guangdong Huatuo Pharm continued for over 10 years, which received high attention from the China traditional pharm industry. In 2024, Beijing High People’s Court overruled the judgement of the 1st Instance and considered the defendants Guangdong Huatuo Pharm and other companies constituted trademark infringement and unfair competition on free […]

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Trademark Challenges Facing Imported Nutritional Products

The increasing demand for health-related products and the expansion of cross-border e-commerce have resulted in a significant influx of foreign nutritional products into the Chinese market. In 2023, reports indicated that China’s cross-border import e-commerce reached an impressive 548.3 billion yuan, with nutritional supplements emerging as a prominent category, boasting a purchase rate of nearly

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Strategies for Safeguarding TM Rights Following Unlawful TM Registration

Brands that are influential in their home markets need to actively pursue trademark registrations in other regions. Neglecting this can result in trademark squatting, which can hinder the brand’s operations in the new market and lead to legal challenges from the squatter. Typically, the registered party may respond by seeking to invalidate the trademark or

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

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

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

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

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

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

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

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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