Trademark

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 […]

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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

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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

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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

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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

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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. 

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Assessing Trademark Infringement in the Realm of E-Commerce

As online sales continue to grow, the issue of trademark infringement has become increasingly significant due to advancements in internet technology. Many businesses rely on online sales, which has unfortunately led to some dishonest sellers taking advantage of others’ trademark rights. This raises the question: how should trademark infringement be assessed in the realm of

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Fresh Perspective on Navigating Trademark Three-Year-Non-Use Cases in China

The large number of trademarks in China, combined with their monopolistic characteristics, makes trademarks—particularly “valuable trademarks”—a limited asset in business competition, which inevitably results in a “scramble” for them. Additionally, the law requires trademark registrants to use and consistently utilize their registered trademarks. There is a three-year grace period after registration during which the registrant

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Legal Liability and Case Analysis of Forged Trademark Authorization Letters

Introduction In real-world scenarios, instances of forging trademark authorization letters are not uncommon. Such acts may involve impersonating an authorized brand dealer, deceiving online platforms to gain promotional and sales privileges, or engaging in fraudulent activities using these forged documents.  The following is an overview and examination of the characteristics of forgery trademark authorization letters

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Navigating the Landscape of Trademark Protection for Foreign Businesses in China

The China National Intellectual Property Administration (CNIPA) has taken significant steps in recent years to combat malicious trademark registration practices. This includes addressing issues such as trademark hoarding, piggybacking on well-known brands, free-riding, and hijacking trending topics.  Despite these efforts, as outlined in Articles 33 and 45 of the Trademark Law, the CNIPA will not

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