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.
A case involving a trademark registration of the Chinese characters for Milan established that a geographic name is registrable if the mark has additional meanings or if it has acquired, through use, secondary meaning acknowledged by the relevant public.
06 July 2022
The refusal of a judge in Amsterdam to grant the US company relief covering Ireland, France and Germany does not indicate major change to the regime
28 June 2022
The TIPO has made so-called ‘classic’ trademark cases available on its website in English and Chinese. However, several judgments are pending, including one pertaining to the provision of designated services outside Taiwan.
22 June 2022
Scott Frank, President and CEO of the company’s IP operation, reveals how its team of patent developers takes a venture capital approach to interactions with inventors and lawyers to ensure the development of a highly diversified, revenue-generating, portfolio of rights
01 June 2022
The legislative projects covered in the Plan are categorised either as Category I or Category II. It is essential that Category I projects are submitted for compliance checks and internal scrutiny by the deadline to prevent them being demoted to Category II.
01 June 2022
Two cases demonstrate the importance of a proactive filing strategy to prevent bad-faith design patent applications being granted to infringers producing similar products.
25 May 2022
Move announced on Monday is rooted in the company’s brand values, CEO explains, but the door is left open to maintain key IP in the country
20 May 2022
In a ruling that is good news for rights holders, a court has ordered punitive damages against a repeat counterfeiter, finding that the fact that he was found guilty in criminal proceedings was no bar to a subsequent civil case.
18 May 2022
Among the key contributions in Washington DC last week were presentations from WIPO DG Darryl Tang and new USPTO Director Kathi Vidal
11 May 2022
Data from Docket Navigator shows the venues for trade secrets, trademark and copyright litigation in the US, areas in which the Los Angeles-based US District Court dominates
09 May 2022
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