China Trademark Law
Legal Doctrines and Practical Takeaways from Louis Vuitton Malletier v. Molly Tea
This is the second analytical article regarding the LV and Jasmine Milk Tea case. Recently, under significant public pressure, the Suzhou Intermediate People’s Court released the full text of the judgment. A Chinese translation of the judgment can be found at the following link. Additionally, the industry has engaged in extensive commentary following the publication […]
Effective Approaches to Address Absolute Grounds for Trademark Refusal in China
In the past three years obtaining trademark registration in China has become increasingly challenging. Notably, the absolute grounds for refusal stipulated in Article 10, Paragraph 1, Items 7 and 8 of China Trademark Law have emerged as significant hurdles in securing trademark rights. High Upholding Rate of Refusals on Review Article 10, Paragraph 1, Item […]
The Dilemma of Certification Marks in China: A Critical Analysis of Distinctiveness and Systemic Risk
Introduction: Navigating the Challenges of Current Practice Within the intricate framework of Chinese intellectual property law, certification marks stand out as one of the most theoretically debated and practically uncertain areas. I am currently representing a leading organic certification organization in a case that highlights the significant ambiguities affecting this field. My client, a specialized […]
False Alarm or Mere Preparation? An In-Depth Analysis of the 2025 Proposed Changes to China’s Trademark Law and Practical Effects
In the ever-changing landscape of Chinese Intellectual Property law, the only constant is change. Among the numerous updates, the recent amendment to the Trademark Law has sparked significant debate, expectation, and ultimately, reassurance. For international businesses and foreign legal firms keeping a close eye on China, understanding these changes is more than just a matter […]
A Guide to Registering Trademarks with Foreign Country Names in China (Judgement Attached)
When assisting international companies entering the Chinese market, one of the most common and challenging issues we face involves registering trademarks that include or reference foreign country names. At first glance, the legal framework seems contradictory. Public campaigns and general knowledge of intellectual property law have taught many that a trademark identical or similar to […]