trademark

Hörmann sues opponents for RMB 3 million in damages

Starke in the news again. The China court official online portal reports about our trademark case that we ran together with our partner Jingsh Law .

This announcement shows the importance of our case and will race the chances to get a high damage compensation for our client Hörmann.

Hebei Huoman unauthorizedly uses similar trademarks of our client on their products and advertising. The regional market supervisory authority has already stated that Huoman has infringed the Unfair Competition Law and has issued a fine.

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Curbing abnormal registrations - China issues draft to improve trademark law

The volume of trademark applications in China has consistently been growing in the past 15 years. This growth, together with the fact that China is a first-to-file trademark system, has led to the proliferation of so-called ‘pre-emptive trademark applications’, filed in bad faith. Bad faith refers to the filing of a trademark that the applicant knows to have been used and developed by another brand. This is done with the intention of making a profit out of it, by selling the trademark back to the brand. Until now, the law made it easy for the so called “professional squatters” to file such...

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Latest news about “non-traditional trademarks” in China

Trademarks are used to distinguish the goods and services from different trademark owners. Trademarks are unique names, symbols, or logos which have distinctive characteristics.

Trademarks are categorized into product marks, service marks, certification marks and collective marks. And the elements that can combine a trademark include (Chinese) characters, figures, letters of the alphabet, sound, colour combinations, 3-dimensional symbol and their combinations according to the Article 8 of China Trademark Law. A trademark seeking registration shall be so distinctive as to...

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Onitsuka Tiger, the largest trademark infringement case during the past twenty years in Beijing

On November 14th, 2018 the Beijing Municipal Administration of Industry and Commerce issued the largest trademark infringement case decided by the Beijing Municipal Administration of Industry and Commerce in the past twenty years – the trademark infringement of the “Onitsuka Tiger” branded ASICS sneakers, with a fine of 55.87 million RMB.

ASICS is a Japanese limited corporation which has registered many trademarks , including those with the word “tiger”. In December of 2017, the Fengtai Branch of the Beijing Municipal Administration of Industry and Commerce,...

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Chinese Intellectual Property Institutional Reform

In August 2018, China’s State Intellectual Property Office (SIPO) was renamed the National Intellectual Property Administration ( CNIPA ). It was reorganized under the new government body the State Administration for Market Regulation ( SAMR ).

SAMR was formed by the incorporation of several and currently separated administrative bodies. The following agencies or functions will be integrated under SAMR:

the State Administration for Industry and Commerce (SAIC) (to be dismantled); the General Administration of Quality Supervision, Inspection and Quarantine (AQSIQ) (to be...
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G40 IPR Summit 2018 in Beijing; speech about trademark registration in the European Union

Our managing counsel Daniel Albrecht delivered a keynote speech about trademark protection in Europe at the G40 IPR Summit 2018 in Beijing , at November 14, 2018. The event was organized by the IPR daily as closed door summit for Asia-Pacific IPR leaders.

The G40 IPR Leaders Closed-Door Summit is the first private invited closed-door summit in the industry. This year's G40 summit focused on the Asia-Pacific region, which has the most active economic development and is also a key strategic hub for international business competition.

The 2018 G40 Asia-Pacific IPR Leaders...

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Dunhill awarded CNY10 million after the Foshan Intermediate People’s Court

Fighting trademark cases can be a long, tough battle in China but in October 2018, Richemont’s Alfred Dunhill brand hailed a “major trademark victory” in the country with the luxury brand awarded “uncommonly large” damages by a Chinese court.[1]

It also said the ruling is a “landmark victory in China for any global brand” and “demonstrates the country’s progress in IP protection,” as well as its own “unequivocal resolve” in tackling infringement.[2]

The brand has been awarded CNY10 million ($1.47 million) after the Foshan Intermediate People’s Court,...

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Guangdong Intellectual Property Trade Expo 2018; speech about trademark registration in Austria and Germany

On November 7th 2018 our managing counsel Daniel Albrecht delivered successfully a keynote speech about Trademark registration in Austria and Germany at the Guangdong Intellectual Property Trade Expo 2018 . We are happy that the audience of about 200 IP professionals and government officials from the Greater Bay Area were so interesting in this topic. Special thx to our friends from the IPR daily for the introduction to this great event.

Under the approval of Guangdong provincial committee and government, the first Guangdong Intellectual Property Trade Expo was hosted in Guangzhou...

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Pinduoduo accused of peddling counterfeit products

Pinduoduo Inc. (拼多多) is a social e-commerce start-up based in Shanghai. Pinduoduo offers to shoppers discounts on bulk orders; in fact, shoppers are encouraged to form “teams” with their social networking connections on WeChat and QQ to score bigger discounts. Pinduoduo filed its Initial Public Offering on Nasdaq (American stock exchange) on July 26; the IPO offered 85.6 million American depository shares at US $19. The opening price was US $26.5 per American depository shares, up nearly 40% from the issued price. Its massive IPO ranked alongside other Chinese e-commerce giants such as...

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"Mona Lisa" Trademark Case in China, a decision of procedural significance

In 2012, the two plaintiffs Mona Lisa Building Materials Co. Ltd. and Mona Lisa Sanitary Appliance Co. requested the cancellation of the registered trademark M MONALISA in Class 11 for “Flush Toilets owned by the Mona Lisa Group Co., Ltd. The plaintiffs based their claim on the prior registration of MONA LISA and Chinese characters in Class 11 for “Bath fittings, Sauna bath installations, Shower cubicles, etc.”. On November 25th, 2013, the Trademark Review and Adjudication Board (TRAB) decided in favour of the plaintiffs.

However, the Beijing First Intermediate People’s Court (IPC...

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