Trademark
The MUJI Trademark Wars: 24 Years of Legal Battles and Implications for Foreign Brands in China
Introduction: Navigating a Commercial Paradox in China Retail Landscape In the bustling shopping centers of Shanghai and Beijing, consumers witness a unique intellectual property scenario unfolding firsthand. Two separate companies operate stores under the identical MUJI brand—Japan Ryohin Keikaku Co., Ltd. (Authentic MUJI) and Beijing Cottonfield Textile Co., Ltd. (Chinese MUJI)—located just meters apart yet […]
CNIPA Examiner Article：Guidelines for Demonstrating Trademark Use
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 […]
Navigating the Deceptiveness Clause in China Trademark Law: A Practical Guide for Applicants
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 […]
Exploring the Evolution of Trademark Usage Evidence Standards in China’s Non-Use Cancellation Cases
I. Key Transformations in Legal Structure and Regulatory Approach China 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 […]
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. […]
Trademark against Business Name, Infringement or Unfair Competition
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 […]
Licensing Infringement vs Breach of Contract in China
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 […]
Navigating Distributor Parallel Import Practices under China Trademark Law
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 […]
China Supreme Court Against Unjust Enrichment from Mass Litigations by Trademark Owner
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 […]
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 […]
Violation of Agreement by Distributor Diversion, How to Solve the Problems?
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 […]
Civil Liability Associated with Malicious Trademark Applications
In recent years, China has made significant strides in safeguarding the rights of trademark holders and fostering fair market competition by enhancing regulations against malicious trademark applications. The 2019 revision of the Trademark Law, along with the introduction of the Several Provisions on Regulating Trademark Application and Registration, has established a strong legal framework to effectively […]
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 […]
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 […]
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 […]
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 […]
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 […]
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 […]
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 […]
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. […]