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.
Both the national and international registration routes have benefits and pitfalls for foreign entities seeking to register their trademarks in China. It is crucial to develop a thorough checklist in order to make an informed decision.
11 January 2023
Using company designations in customer reference lists without explicit authorisation is grounds for infringement, Munich’s regional court has held. However, this ruling does not guarantee that further reimbursement will be granted.
14 December 2022
The CNIPA is beefing up efforts to clamp down on bad-faith filings, so it is crucial that brand owners leave no stone unturned to prove bad faith of copycat infringers.
07 December 2022
Frankfurt’s regional court has ruled that the famous toy does not qualify for copyright protection, highlighting the strategic value of using a variety of different rights to protect functional objects.
07 December 2022
Kanye West’s IP rights holding company makes appearance as Chinese numbers drop
02 December 2022
An updated framework allows for renewed understanding of the way that a broad array of potential brand assets can drive value for knowledge companies
23 November 2022
Conventional 2D trademarks that are deemed indistinct can obtain distinctiveness with the addition of unique features. For instance, a mark containing the single letter ‘M’ in plain form is deemed to be indistinctive; however, if the letter is sufficiently stylised, such as in the case of the golden arches symbol of McDonald’s, it can obtain distinctiveness. It has, therefore, been debated whether 3D marks in similar situations can be treated similarly. The laws governing the issue have evolved over time in China.
02 November 2022
Elizabeth Lester, assistant general counsel of intellectual property, speaks to IAM about letting the business drive priorities in a small patent and trademark department
26 October 2022
It is crucial that a buyer or seller of a company does not overlook trademarks and brands in business acquisitions, or any red flags in that area. Luckily, there are solutions to overcome such complexities.
26 October 2022
Local expert says scrapping government subsidies for applications would soon see the volume subside
21 October 2022
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