The latest intellectual property news and articles by Benny Kong & Tsai — trademark, patent, copyright, design and litigation practice, updated monthly. Subscribe to our newsletter.
Weak Trademarks
Weak Trademarks Weak trademarks are normally rejected registration due to its non-distinctive nature. Examples of weak trademarks include, in particular:- (1) ordinary names for the goods or services (for example, “water guns” for “Toys”) (2) highly descriptive terms on the goods or services (for example, “Scent & Shine” for “Cosmetics”) (3) common terms used in the industry (for example, “cable” for “electricity products”) (4) laudatory word or slogans (for example, “Trust-worthy” or “the best broker of the world” for banking... Read more: Weak Trademarks
China has introduced uniform law enforcement standards on Trademark Protection
China has introduced uniform law enforcement standards on Trademark Protection In order to implement the decision and deployment of the Chinese Central Committee and the State Council (“The SPC”) on strengthening the protection of intellectual property rights, strengthen the guidance of trademark enforcement, unify the enforcement standards, and strengthen the protection of trademark exclusive rights, the State Intellectual Property Office (“SIPO”) has recently issued the “Standards in Determining Trademark Infringement ” (hereinafter referred to as “The Standards”). After the reform... Read more: China has introduced uniform law enforcement standards on Trademark Protection
2020 Special Task Force on Cracking down Online Copyright Infringement and Piracy in China
2020 Special Task Force on Cracking down Online Copyright Infringement and Piracy in China In June 2020, the Four administrative bodies of China, namely, the National Copyright Administration, the Ministry of Industry and Information Technology, the Ministry of Public Security, and the State Internet Information Office have jointly launched a special task force, with code name “Sword Network 2020”, to combat online infringement and piracy . This effort signals the 16th nationwide ongoing special campaign against online infringement and piracy... Read more: 2020 Special Task Force on Cracking down Online Copyright Infringement and Piracy in China
The Internationally Praised Whisky, Chivas, has received favorable treatment for IPR protection in China
The Internationally Praised Whisky, Chivas, has received favorable treatment for IPR protection in China On April 25, 2020, China’s Supreme People’s Procuratorate issued a list of the top example cases in 2019 of criminal IP rights infringement. In respect of a criminal prosecution case in 2019 involving the internationally praised whisky, Chivas, the defendants sold counterfeit Chivas whiskies generating 17 million RMB in revenue, whereas the outstanding stocks of 1600 bottles of counterfeit whiskies were found in the warehouse. In... Read more: The Internationally Praised Whisky, Chivas, has received favorable treatment for IPR protection in China
Trademarking in other countries
Trademarking in other countries Trademark registration is territorial. In other words, a trademark must be registered in each country where protection is sought. No one single trademark registration can cover all countries. Convention priority Within 6 months after the first filing of a trademark application in Hong Kong, which is a member of the Paris Convention, the applicant can file a follow-up trademark application in another member country of the Paris Convention and claim that the earlier application date be... Read more: Trademarking in other countries
BBC, the Greatest Broadcaster of the World, Sues Chinese Language Company for Trademark Infringement.
The British Broadcasting Corporation (BBC) is the oldest national broadcaster in the world, and the broadcaster with the largest number of employees in the world. It currently employs more than 22,000 employees. When part-time, flexible and fixed contract employees are also included, it employs a total number more than 35,000 employees. Recently, the Beijing Haidian District People’s Court of China (hereinafter “the Haidian Court”) handed down a first-instance judgment on the BBC suing Beijing iYuba Technology Co., Ltd. (iYuba Company)... Read more: BBC, the Greatest Broadcaster of the World, Sues Chinese Language Company for Trademark Infringement.
Japanese Motor Giant Win a Landmark OEM Infringement Case in China
By the end of 2019, China’s Supreme People’s Court made a final judgment on trademark disputes between the Japanese motor giant Honda Motor Company (“Honda”), and 2 Chinese companies, namely Hengsheng Xintai Trading Company and Chongqing Hengxin Group (“the Defendants”), and ordered the Defendants to stop infringing Honda’s trademarks immediately and compensate Honda for 300,000 yuan in damages. Honda is a Japanese multinational motor giant company specializing in vehicle and motorcycle production. The company has obtained various trademark registrations in... Read more: Japanese Motor Giant Win a Landmark OEM Infringement Case in China
Hong Kong : The renowned apparel and household products Brand “MUJI” has encountered setback in a recent law suit in China
Japanese retailer MUJI has lost an appeal against a Chinese court ruling that ruled that the company violated trademark rights owned by a Chinese company. Japanese retailer Ryohin Keikaku (commonly known as “MUJI”) was established in Japan in 1980. It entered the Chinese market in 2005 and opened its first store in Shanghai. Muji then applied for the registration of its internationally renowned brand name “MUJI” in block Roman alphabet letters and a local trademark, “Mujirushi Ryohin”, in four Chinese... Read more: Hong Kong : The renowned apparel and household products Brand “MUJI” has encountered setback in a recent law suit in China
Hong Kong : The Luxury Brand “Chanel” has encountered setback in a recent infringement action in China
The luxury Brand Chanel Co., Ltd (“Chanel”) has failed a recent trademark infringement action in respect of its “Double C” logo in China. The story began in a raid action carried out in China in 2016, whereas several items of suspected infringing products were seized from a local jewellery store by the Guangzhou Administration for Industry and Commerce (Guangzhou AIC), which have allegedly incorporated the shape of the “Double C” logo. Thereafter, Guangzhou AIC issued a punishment order against the... Read more: Hong Kong : The Luxury Brand “Chanel” has encountered setback in a recent infringement action in China
A series on the characteristics of South Korea Design Patent System
A series on the characteristics of South Korea Design Patent System Introduction to Korea Examination System Design patent law of South Korea was legislated independently and was first enacted in 1961. During the past 50 years, the law was amended on several occasions in order to adapt to the rapid development of the country’s design industry and meet the diverse needs of applicants. It gradually formed its own characteristics. South Korea adopts one of the two modes of examination –... Read more: A series on the characteristics of South Korea Design Patent System
