Court: Beijing High Court

A deep dive into two Beijing High Court judgments indicates that a company’s use of its own mobile app constitutes trademark use and can therefore maintain registration in the face of cancellation or invalidation actions. Businesses should be aware of this when dealing with trademark challenges in China.

18 July 2024

The second instalment in our series highlighting Legal Updates you may have missed explores recent successes for Canada Goose, Hermès, Lacoste and Skechers.

12 July 2024

We kick off our latest series highlighting Legal Updates you may have missed by examining the lessons learned from unsuccessful attempts to register non-traditional position marks.

11 July 2024

This dispute between Nestlé and A2 Milk serves as a valuable example of how the Chinese courts will assess distinctiveness.

28 June 2024

A change in marketing strategy may destroy the distinct market perceptions that previously enabled the marks’ co-existence, thus leading to a likelihood of confusion and association.  

17 May 2024

Brand owners must evidence how their position marks have acquired distinctiveness for the parts of the goods on which they are affixed.

10 May 2024

In this week’s opinion column, Simmons & Simmons’ Anna Li and George Chan warn that acquired third-party marks may be permanently “tainted” by the original owner’s bad faith and at risk of invalidation.

13 April 2024

One of the top 10 cases of 2023, as recently selected by the Beijing High People's Court, considers how trademark registrations can become tainted by the actions of trademark agencies.

26 March 2024

Featured in The Trademark Prosecution Review 2024

Often, foreign applicants fail to obtain trademark registration in China because they do not have a robust understanding of the Chinese Trademark Law, or the CNIPA’s regulations. How to choose goods and services and the importance of formality issues should be heeded when filing an application.

22 September 2023

The improvement of relevant laws and regulations makes it easier for courts to reach decisions by laying out necessary steps to precisely calculate punitive damages based on agreed compensation.

25 August 2023