trademark

The Lego Case in China

Lego Group sued two Chinese companies for manufacturing and selling products that were almost identical to ones from the Lego Friends range. The leading European toymaker claimed that the logo and the packaging used by the Chinese companies under the brand Bela constitute an infringement of the copyright in Lego Group’s logo and packaging.

The issue raised before the Court was whether products sold under the brand Bela infringe Lego’s copyrights, and in this direction, constitutes an act of unfair competition. On September 2017, the Shantou Intermediate People’s Court ruled in...

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2017 Shenyang-Germany Intellectual Property Seminar

At September 8th 2017 the Shenyang local authorities hosted the first Shenyang-Germany Intellectual Property Seminar. The German-China Industrial Park of Shenyang has made a lot of effort to organize this event and get an interesting group of participants together. Starke Managing Counsel Daniel Albrecht gave a lesson about the differences between the Chinese and German trademark law. Thanks to all 60 participants and my co-speakers, special from the University of Shenyang, the Intelllectual Property Office and the Custom Service of Shenyang.

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How to cancel a infringing product from Chinese e-commerce platform and social media

Counterfeiting products are not unusual in China. The key players of E-commerce in China are the Alibaba Group , which holds 70% of the total E-commerce market in China with Taobao and Tmall, and JD. com with a 20% market share. They step up taking various measures to crack down on counterfeit products, but the effect is quite limited. According to a survey published by State Administration for Industry and Commerce of China (SAIC) and China Consumers’ Association in 2015, there are 7 of 9 E-commerce platforms in the spot-check which sell counterfeit or substandard quality goods. However...

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Taobao wins in landmark online counterfeit case in China

Taobao won an online landmark counterfeiting case against a vendor selling fake Royal Canin cat food on the huge online market. The court ruled that the defendant, a man named Yao, damaged the reputation of Taobao and therefore should pay compensation in the amount of 120.000 Yuan within 10 days. Taobao is also asking the court to order the defendant to publish a written apology in several prominent print and web publications for a week.

This was the first ruling of its kind in China, exemplifying the country’s efforts to fight counterfeiting which has cast a shadow over China’s...

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Thus Tyrolean enterprises secured themselves against trademark violation in China; Tiroler Wirtschaft, August 10th, 2017

In the " Tyrolean Economy " of August 10th 2017 you will find an article entitled "How to secure Tyrolean businesses against trademark viaolation in China". The article is in German language. Experts report on the invitation of the Austrian Federal Economic Chamber how to effectively protect themselves against trademark infringements and plagiarism. The Austrian Economic Chambers represent more than 450,000 member companies and is voice of Austrian business.

The article reports in detail about the speeches of Dr. Martin Glatz , head of the Austrian Chamber of Commerce in Beijing,...

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China Redbull License Dispute; A never ending story in China?

ORG Packaging Co. is being sued by TC Pharmaceuticals for infringing the Red Bull trademark right of TC Pharmaceuticals.

Being one of the major suppliers of Reignwood Group , it announced in July its receipt of a civil complaint and other filings with the Peoples Court in Beijing serving notice of the suits, which demands the court order ORG Packaging to cease forging and manufacturing its registered trademarks - including “Red Bull” and associated image logos - and claiming compensation for its monetary losses in the amount of over CNY 30 Mio.

This has been part of a...

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Legal Protection of Intellectual Property in China, in RIW 5, 2017

Starke Managing Counsel Daniel Albrecht published an article about " Legal Protection of Intellectual Property in China " in Recht der Internationalen Wirtschaft (RIW 2017) , Heft 05, Beilage, Seiten 1-12.

You can download the full article: here

Sample:

"To obtain trademark protection in China, an application for a China trademark can be filed through the national registration system or the international registration system. For a national trademark application in China, an application has to be filed at the China Trademark Office by an official agent....

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Register Your Trademark with China Customs

If you want to stop counterfeit goods bearing your trademark from leaving China, register your China trademark again with Chinese Customs.

I. New policy of Chinese Customs

China Customs recently issued a notice stating that they are temporarily suspending registration fees in an effort to alert more companies to their registration service. In other words registering your trademark or other IP with China customs is now free.

Furthermore, in order to better safeguard the “Made in China” international image and promote the sustained and healthy...

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Application for a Chinese trademark

Trademark is to distinguish the goods and services from different trademark owners. Trademarks are unique names, symbols, or logos.

When you come to do business in China it is very important for you to protect your trademarks. Trademarks can include product marks, service marks, certification marks or collective marks and sound marks.

To obtain trademark protection in China, an application for a China trademark can be filed through the national registration system or the international registration system. For a national trademark application in China, an application has to...

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New Balance: Pull back a set in the battle against Infringement in China

As a world-wild famous brand, New Balance suffers legions of trademark infrigements in China. However, it haven't stopped its fighting against counterfeit. Even if it got lost in a Cybersquatting Case, New Balance pull back a set in a Piracy Case which is seen as a rare win.

Cybersquatting Case
Outcome: Lost

New Balance is known in China under the the translation “Xin Bailun”, but the trademark for “Xin Bailun” had already been registered by a local sales company before New Balance entered the Chinese market. So on the 24th of April 2015 New...

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