The latest intellectual property news and articles by Benny Kong & Tsai — trademark, patent, copyright, design and litigation practice, updated monthly. Subscribe to our newsletter.
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,... Read more: China : Shanghai court awarded New Balance damages for over US$ 4 million in trademark infringement claims
Hong Kong : A new direction to penalize China copycats in Hong Kong – criminal offence of money laundering
Hong Kong : A new direction to penalize China copycats in Hong Kong – criminal offence of money laundering Hong Kong Customs has recently laid criminal charges against China suppliers exporting counterfeits for the generally called “money laundering” offences. It shall involve two important elements to entitle the Hong Kong Customs to prosecute the offenders. 1. A bank account in Hong Kong which received the sale proceeds of the counterfeits from overseas buyers. 2. Conviction of a buyer in overseas... Read more: Hong Kong : A new direction to penalize China copycats in Hong Kong – criminal offence of money laundering
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... Read more: China : Distinctions between trademark opposition and declaration of invalidation
Taiwan : Do you need a patent, trademark, or copyright?
Do you need a patent, trademark, or copyright? The intellectual property rights have become the mainstream trend in the world which is full of intangible assets. However, the most noticeable things are patents, trademarks and copyrights. In a daily life, we often see the term “infringement” on TV, and the party who infringes the rights is required to pay a large amount of compensation. By view of this point, are intellectual property rights very important to you? I think the... Read more: Taiwan : Do you need a patent, trademark, or copyright?
Registered trademarks-use of ® symbol in Hong Kong
Registered trademarks-use of ® symbol in Hong Kong Registrable trademark A trademark must have some uniqueness to distinguish the goods/services sold under the trademark from other goods/services. It is difficult to register trademarks that describe your goods (such as telephones) and services (such as telephone operators). This is by no means a sign that other traders may wish to use to promote or describe their goods and services, nor should they mislead the public about the nature of your goods... Read more: Registered trademarks-use of ® symbol in Hong Kong
Do you need to register your trademark?
What is a trademark? A trademark is a sign that distinguishes the goods and services of a merchant from those of other merchants. Generally, trademarks can be words (including personal names), descriptions, designs, letters, characters, numbers, graphic elements, colors, sounds, smells, product shapes or their packaging or any combination of them. In order to be able to register it as a registered trademark, the symbol must be displayed graphically. Why register a trademark? Registering your trademark means that you have... Read more: Do you need to register your trademark?
Supremacy of Well-Known Trademark in Hong Kong
In a recent Hong Kong High Court decision that awarding “LOUIS VUITTON” the status of well-known trademark, it has evidenced the supremacy of protection offered under this supreme status. Louis Vuitton Malletier, commonly known as Louis Vuitton or shortened to LV, is a French fashion house and luxury goods company founded in 1854 by Louis Vuitton. Louis Vuitton is one of the world’s leading international fashion brands; it sells its products through standalone boutiques, lease departments in high-end department stores,... Read more: Supremacy of Well-Known Trademark in Hong Kong
The Benefits of Strong Trademarks
The Benefits of Strong Trademarks A unique trademark is the strongest trademark and afford the trademark owner with the highest level of protection. Below are some of the reasons why having a strong trademark is so important: – (1) You have a better chance to approve your trademark application. The more common your trademark, the smaller the chance of obtaining approval; and the greater the chance of encountering similarity (or identical trademark) issues. As you can see, the more unique... Read more: The Benefits of Strong Trademarks
Likelihood of Trademark Confusion in Hong Kong
Likelihood of Trademark Confusion in Hong Kong The following is a useful summary of the methods used in Hong Kong to assess the likelihood of trademark confusion: (A) All relevant factors must be considered globally to have the likelihood of confusion; (B) The matter must be judged through the eyes of ordinary consumers of the goods or services. These consumers are considered to be well-informed, prudent and observant people, but they rarely have the opportunity to compare between trademarks and... Read more: Likelihood of Trademark Confusion in Hong Kong
German Renowned Kitchen Furniture Manufacturer Successfully Shut Bad Faith Trademark Squatter in China
German Renowned Kitchen Furniture Manufacturer Successfully Shut Bad Faith Trademark Squatter in China By the early 2020, Beijing Higher People’s Court made a final judgement on a trademark dispute between the renowned German Kitchen Furniture Manufacturer, Germany-based Nobilia Werke J.Stickling Gmbh & Co.kg (“Nobilia”) and a Chinese individual namely “Duan” (“the Defendant”) and ordered that the bad faith Chinese trademark registration of the Defendant should be invalidated. (Nobilia’s Trademark) VS (The Disputed Trademark Registration) Nobilia owns its reputable international trademark... Read more: German Renowned Kitchen Furniture Manufacturer Successfully Shut Bad Faith Trademark Squatter in China
