Trademark

CNIPA Examiner Article：Guidelines for Demonstrating Trademark Use

Trademark /

The article was excerpted from the original version published by the examiner in the Fifth Examination Division, Trademark Office, National Intellectual Property Administration. The correct use of trademarks is essential to the core interests of businesses. By following standardized trademark usage practices, companies can effectively reduce risks related to unfair competition, confidently navigate administrative trademark […]

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Navigating the Deceptiveness Clause in China Trademark Law: A Practical Guide for Applicants

Trademark /

In today globalized business landscape, trademarks have become essential intangible assets for enterprises, playing a vital and irreplaceable role in market competition, with their value becoming increasingly significant. Article 10, Paragraph 1 (7) of the Trademark Law prohibits the registration and use of deceptive marks, stating that marks that are deceptive and likely to cause

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Exploring the Evolution of Trademark Usage Evidence Standards in China’s Non-Use Cancellation Cases

Trademark /

I. Key Transformations in Legal Structure and Regulatory Approach China’s intellectual property landscape is undergoing a major shift towards necessitating significant commercial utilization. An important aspect of this shift involves the China Trademark Non-Use Cancellation, which is addressed in the proposed amendments to the Trademark Law (CNIPA Draft Amendment, January 2023). These amendments fundamentally change the

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Civil Liability Associated with Malicious Trademark Applications in China: A Comprehensive Legal Analysis & Strategic Guide

Blogs, Trademark /

China’s continuous struggle against fraudulent trademark registrations signifies an important advancement in the realm of intellectual property protection. The amendments made to China’s Trademark Law in 2019, along with the Several Provisions on Regulating Trademark Application and Registration, represented a significant turning point by introducing strong measures to address exploitative registration practices in administrative processes.

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Trademark against Business Name, Infringement or Unfair Competition

Blogs, Trademark /

Trademarks and business names serve similar legal functions within market economic activities. Both are designed to differentiate the goods and services offered by specific producers from those of others, enabling the public to easily identify the providers of particular goods or services. This distinction aids consumer decision-making and ensures quality assurance.  Under China practice, if an

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Licensing Infringement vs Breach of Contract in China

Blogs, Trademark /

Licensing agreements are a popular tool in this endeavor, allowing companies to grant others the right to use their intellectual property in exchange for royalties or other forms of compensation. However, when a licensee strays from the agreed-upon terms, the licensor can face substantial losses due to contract breaches and IP infringements. The fallout from these

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Navigating Distributor Parallel Import Practices under China Trademark Law

Blogs, Trademark /

Parallel Import under China Practice Parallel imports refer to the practice where certain distributors sell products beyond their designated territories. This often involves a distributor in one region marketing products intended for their local market into the distribution areas of other distributors representing the same brand in different regions. Such situations typically arise from disorganized

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China Supreme Court Against Unjust Enrichment from Mass Litigations by Trademark Owner

Blogs, Trademark /

In the late 2024, the Supreme People’s Court of the People’s Republic of China (“SPC”) issued an important ruling in the Retrial procedure of the trademark infringement case involving Nature Republic Co., Ltd (“NR”, the trademark holder of “NATURE REPUBLIC” for aloe vera gel) and Wangdu County Jianglin Cosmetics Sales Department (the defendant “Jianglin”, a

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Case Law: China Local Court Applying EU laws in Local Trademark Trials

Blogs, Trademark /

Recently, the Suzhou Intermediate People’s Court in Jiangsu Province delivered a final ruling on a trademark infringement and unfair competition case involving two Chinese photovoltaic companies. The court utilized the EU Trademark Regulation to evaluate the ownership and specifics of the disputed trademark, while also applying Chinese law to determine trademark infringement liability.  Case Overview

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Violation of Agreement by Distributor Diversion, How to Solve the Problems?

Blogs, Trademark /

In the legal relationship between suppliers and distributors, the term “diversion” often arises as a type of breach. It’s important to understand that diversion is not a formal legal term; instead, it refers to the chaotic distribution of products across different regions, markets, and channels, driven by the interests of various parties, which can lead

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