Trademark Squatting Civil Liability
Limiting and Eliminating the “Other Improper Means” Clause in China Trademark Legislation
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, […]
Triumph in Court: How Trademark Prior Use Won the Day in a Landmark Infringement Battle
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 […]
Civil Liability Associated with Malicious Trademark Applications in China: A Comprehensive Legal Analysis & Strategic Guide
China continuous struggle against fraudulent trademark registrations signifies an important advancement in the realm of intellectual property protection. The amendments made to China 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. […]
Case Law: China Local Court Applying EU laws in Local Trademark Trials
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 […]
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 […]
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 […]
Evolving Trends in Chinese Trademark Law: Empowering Registrants to Proactively Utilize the Registrations
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. […]