Latest Posts

18.05.2022 | Beware of Trademark Squatting in Hong Kong

Beware of Trademark Squatting in Hong Kong Before entering a potential target market, it is highly recommended to make sure that the exclusive rights of an enterprise’s valuable trademark are adequately protected in the region in advance. The recognition and acquisition of trademark exclusive rights are generally governed by different laws and regulations of different countries/ regions, including the first to register principles, the first to use principles or the mixed principles. The first to register principle determines the ownership... MORE

18.05.2022 | Preparation for trademark application paperwork

Preparation for trademark application paperwork According to the provisions of the Taiwan trademark application, the necessary documents for the trademark application are as follows: 1. Trademark to be applied for: for application on paper, five trademark printouts shall be provided. For online application, the trademark design shall be in the form of a jpg file with an image quality higher than 300dpi. 2. Applicant Information: For company applicant, the company name, unified code, name and address of the representative shall... MORE

30.03.2022 | Functions of brands

Functions of brands 1. Identification The function of identification is the basic and original function of brands. Brands can reduce the time and effort that consumers spend while they are shopping. When consumers are buying commodities, they face a dazzling array of commodities and their buying behaviors are related to comparison and selection. In marketing, consumers’ cognition of brands is often expressed as an overall feeling, consistent trust and favorability of quality, characteristics, and product image, which affects consumers’ interest... MORE

30.03.2022 | Trademark opposition

Trademark opposition The underlying purpose of the procedure of trademark opposition is: to provide the public an opportunity to dispute with the legality of the trademark registration. To put it simply, anyone, who has doubt about an approved trademark, is entitled to oppose to that particular trademark after trademark registration, in order to ensure the legitimacy and legality of registration of officially approved trademarks. In Taiwan, the opposition period for trademark registration is three months since the date of announcement.... MORE

30.03.2022 | China – Metaverse trademarks in Chinese

China – Metaverse trademarks in Chinese Yuan yuzhou (元宇宙) is the Chinese translation for Metaverse. Since the concept of metaverse become popular, there were already over 10 thousand new trademark applications in China for marks incorporating this term and the number is double in the last couple of months. So far, only very few of them were accepted for registration, many are under re-examination after the first refusal. !

28.02.2022 | Current News Reports Related to Trademarks in Taiwan

Current News Reports Related to Trademarks in Taiwan Recently, a news report in Taiwan pointed out that a trademark rejection notice issued by the China National Intellectual Property Administration was circulating on the Internet. The text briefly reads “The logo contains ‘Chunhua’. As “Hu Chunhua” is a member of the Political Bureau of the 19th Communist Party of China (CPC) Central Committee, Vice-premier and Party member of the State Council, use of this logo as a trademark may easily cause... MORE

28.02.2022 | Hague International Design System is fixed with the long missing piece of China.

Hague International Design System is fixed with the long missing piece of China. China joined the Hague International Design System in Feb 2022 and International Registration for Industrial Design will be available in China (excluding Hong Kong and Macau) commencing on 5 May 2022. In line with the Hague Design System, China Patent Law was amended in 2021 and extended the maximum protection term of a design registration filed in China on or after 1 June 2021 from 10 years... MORE

28.02.2022 | How to use ®TM

How to use ®TM There is no requirement in law to indicate that a trade mark is registered, while in case it is registered it is common practice to refer to the fact either by using the words “Registered Trade Mark” or the internationally recognized symbol ®. The advantage of indicating that the mark is registered is that it puts third parties on notice of the fact and makes it less likely that an infringer of the trade mark registration... MORE

29.01.2022 | China Cartier was awarded damages for RMB 6.1 million against trademark counterfeiters

China Cartier was awarded damages for RMB 6.1 million against trademark counterfeiters On 24 January 2022, Shanghai No. 3 Intermediate People’s Court upheld the ruling of a lower court and awarded RMB 6.1 million damages to Cartier against China trademark counterfeiters who are also sentenced to 2 years imprisonment and pay fine for RMB 200K. Hong Kong Landmark preliminary injunction restraining passing off in mainland China by a Hong Kong infringer. The Defendant was an ex-distributor of the Plaintiff (Child... MORE

29.01.2022 | Cancellation of Trade Mark Registration

Cancellation of Trade Mark Registration In Hong Kong, cancellation proceedings can be commenced either before the Registrar of Trade Marks or through the High Court. If proceedings are taken before the Registrar, the steps involved are similar to those relating to a trade mark opposition. Each side has the opportunity to submit evidence in support of their case, the matter then going to formal hearing before a senior Registrar of the Registry who will finally issue a written decision to... MORE

Benny Kong & Tsai, Solicitors

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