trademark

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...
Read more about Chinese Intellectual Property Institutional Reform

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...

Read more about G40 IPR Summit 2018 in Beijing; speech about trademark registration in the European Union

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,...

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

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...

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

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...

Read more about Pinduoduo accused of peddling counterfeit products

"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...

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

Dior: 3D trademark registration case in China

2014 Christian Dior registered its J’adore perfume bottle as a 3D trademark and also an international registered trademark . Following the Madrid Agreement and the Madrid Protocol, Dior applied a territorial extension protection in China through the international bureau of WIPO. The TRAB of the SAIC rejected the application on July 13, 2015 with the reason of lack on distinctiveness. Dior filed a application for review of the refusal, but was also rejected with the same reason. After that, Dior submitted a administrative case to the court against TRAB’s decision, but failed by...

Read more about Dior: 3D trademark registration case in China

Protecting your IP rights with the Chinese Anti-Unfair Competition Law (AUCL)

The definition of an unfair competition is given by the article 2 of the PCR Anti-Unfair Competition Law(反不正当竞争法). According to this article, an act of unfair competition is constituted when during production or distribution activities, a business operator disrupts the market competition order or infringes the legal rights and interests of other business operators or consumers.

Some unfair competition acts can be related to intellectual property such as the Article 6 which concerns the copy and imitation of brands and the Article 9 relating to the trade secrets. These articles...

Read more about Protecting your IP rights with the Chinese Anti-Unfair Competition Law (AUCL)

Chateau Lafite Rothschild, a well known trademark in China?!

The Shanghai Intellectual Property Court concluded a trademark infringement lawsuit raised by the French wine manufacturer Chateau Lafite against Shanghai Mellowines Development Co Ltd and its parent company Shanghai Safe International Logistics.

Chateau Lafite Rothschild owns the English trademark Lafite in China since 1997, and filed a trademark application for the Chinese version of Lafite, a decade later. Its application was first rejected by the SAIC and in 2017, the trademark registration was finally approved.

In May 2015, Lafite found that Shanghai Mellowines sold...

Read more about Chateau Lafite Rothschild, a well known trademark in China?!

BMW Sound mark in China

Since 2014, sound marks are registrable as a trademark in China after the amendment of the Trademark Law of the People’s Republic of China. Thus, start or ending songs of programs or musical advertisements can seek a protection by the Trademark Law. However, until 2018, only 21 sound marks were allowed to be registered out of a total of about 500 sound marks application.

BMW AG applied for a sound mark registration including a piece of instrumental used in commercial activities and at the end of BMW commercials. First, its application was rejected on grounds of the lack of...

Read more about BMW Sound mark in China