Trademark Protection

Limiting and Eliminating the “Other Improper Means” Clause in China Trademark Legislation

Trademark /

This article is a translation of a work by Professor Kong Xiangjun. The original text can be found at: https://mp.weixin.qq.com/s?__biz=MzUwOTg0MTkwNA==&mid=2247486267&idx=1&sn=a92bcb198c7723302ecba094fee3ea85&scene=21&poc_token=HAFTBGmjqSmbXCdR7tezsfxsbrG2EbtMGK9BEFJX Key Issues in the Current Use of “Other Unfair Means” In current practice regarding trademark invalidation, the application of “other unfair means” faces several significant challenges: (a) Whether it should be applied alongside Article 4, […]

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Triumph in Court: How Trademark Prior Use Won the Day in a Landmark Infringement Battle

Trademark /

Case Notes: A Landmark Victory in Prior Use Trademark Defense In the summer of 2024, an urgent matter interrupted my routine work. Zhejiang MEEC Company, a reputable enterprise with nearly 20 years in the electroplating industry, faced a significant trademark infringement lawsuit. A Beijing-based company, holding the registered MEEC trademark, claimed damages of US$10Million, threatening

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Trademark against Business Name, Infringement or Unfair Competition

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

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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Trademark Challenges Facing Imported Nutritional Products

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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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Practice Tips: Steps to Take Once Your Trademark Being Squatted

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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