The courts in China generally maintain in foreign-related OEM cases that affixing a trademark to a product should be deemed as use and that there is also a possibility of confusion. While some manufacturers have successfully defended themselves against claims of infringement, the cost is often high.
While the Trademark Law allows for parties to petition against a mark’s registration, it remains challenging for foreign companies to prove that a registered trademark should be invalidated, as collecting evidence of prior use and influence in China, as well as to show another party's bad faith, is becoming increasingly hard.
Trademark squatting has many forms. If a trademark is registered by your distributor or partner, there is still a chance that the trademark can be retrieved.
US District Judge Brantley Starr may oversee only small numbers of patent, trade secret, trademark and copyright cases, but what if other judges follow suit?
01 June 2023
In China, the exclusive right to use a trademark is based on registration, not use. However, the obligation to use a trademark once it is registered has been strengthened by successive amendments to the Trademark Law.
31 May 2023
Etienne Sanz de Acedo also discusses this year's convention in Singapore and his candidacy for the EUIPO executive director role
24 May 2023
More than 8,000 attendees - including patent professionals - flocked to the world's biggest IP event last week
24 May 2023
PatSnap’s “State of IP” report reveals intelligence about patent value, monetisation strategies, IP department budgets and more
11 May 2023
Relying on too few apportionment parameters can be risky while using multiple methods can help safeguard a potential payout
03 May 2023
A higher proportion of disputes before the top court involved emerging industries, including SEPs, drug patent linkage and new generation information technology
01 May 2023
Italy’s IP office has launched new proceedings for determining nullity and revocation with the aim of providing a streamlined and significantly cheaper alternative to legal proceedings.
26 April 2023
The Supreme Administrative Court’s Valentino ruling aims to foster harmony amid disagreements surrounding the IP Office’s seemingly controversial opinion on protection for well-known marks, which imposes harsher restrictions than those found in the Trademark Act.
19 April 2023
In recent practice, the CNIPA has refused the registration of many trademarks, citing Article 4 in its reasoning. It is therefore crucial that applicants prove their intention to use the marks.
19 April 2023
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