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29.07.2021 | “Trademark Roll” frequently appear, the Trademark Office strikes a heavy blow

“Trademark Roll” frequently appear, the Trademark Office strikes a heavy blow In the past 2020, news in the trademark field has repeatedly appeared in hot searches. Waves of “free-riding” and “reverse passing-off” trademark cybersquatting news have attracted widespread attention. The problem of malicious cybersquatting and hoarding of trademarks has been around for a long time, and has become more and more serious in recent years, harming the development of new economic and new form of industry. In January this year,... MORE

24.06.2021 | Government (not Starbucks) sued counterfeiter on civil public interest and successfully claimed huge amount of punitive damages for consumers.

China: Government (not Starbucks) sued counterfeiter on civil public interest and successfully claimed huge amount of punitive damages for consumers. (Right side is fake) After the court imposed a penalty of fine for an amount of RMB 3.2 million (US$330,000) against the counterfeiter for the criminal offence of trademark infringement, Consumer council in Jiangsu Province as opposed to the trademark owner (in this case Starbucks) the first time took initiative to sue the counterfeiter at court civilly on basis of... MORE

25.05.2021 | “Little Yellow Duck” lost the claim for copyright infringement in Guangzhou, China

“Little Yellow Duck” lost the claim for copyright infringement in Guangzhou, China Little Yellow Duck Walnut duck The “Little Yellow Duck” copyright owner sued the Walnut duck in China for copyright infringement. The Little Yellow Duck lost the battle at the stage of 1st instance and appealed. The appeal court (Guangdong High People’s Court) upheld the 1st instance verdict and dismissed the appeal. The court commented : Protecting copyright is to encourage creation. Over protecting would however restrict the freedom... MORE

01.03.2021 | China : Shanghai court awarded New Balance damages for over US$ 4 million in trademark infringement claims

A Shanghai court has recently awarded New Balance damages for RMB 25 million, over US$ 4 million, which is the highest amount of damages ever awarded by the China courts in favour of a foreign brand for trademark infringement and unfair competition. This is good news to foreign trademark owners, and also a perfect timing in response to the US government under the new President that China is taking a more serious stance against intellectual property copycats. In the past,... MORE

24.02.2021 | China : Distinctions between trademark opposition and declaration of invalidation

Distinctions between trademark opposition and declaration of invalidation In the course of business of companies, they may face trademark opposition and trademark invalidation. So, what is the distinctions between trademark opposition and invalidation? What are their respective examination subjects and standards of examination? This article will provide comparisons to explain about the two major procedures of the trademark legal practice. 1. Legal basis According to Article 33 of Trademark Law of PRC: If a holder of prior rights or an... MORE

28.11.2019 | China : Distinctions between registration of black and white trademark, and colour trademark

Distinctions between registration of black and white trademark, and colour trademark Many companies add colours to the design when registering trademark. Companies which make trademark application for the first time may be even more concerned about the problem with the colouring of trademark. “What colour should we use for the trademark?” I, as the editor, feel their anxiety when they are struggling with the problem of colouring of the trademark. Today, let’s talk about the issue – whether it is... MORE

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