Market Insight

15 AUGUST 2024

While trademarks form the foundation of brand protection, a changing market calls for a multifaceted approach to safeguarding IP rights. Technological advancements and sophisticated counterfeiters necessitate a more proactive strategy that incorporates trademarks, digital timestamps, patents and copyrights.

Authors:
Jane Chen

08 AUGUST 2024

With no fixed guidance in judicial practice, what constitutes substantive change on a refurbished product can be difficult to define. However, analysis of jurisprudence in previous cases sheds light on how rights holders can avoid potential pitfalls when it comes to proving bad faith. 

Authors:
Fiona Zhang

01 AUGUST 2024

Products that are refurbished without authorisation can be a problem for rights holders looking to safeguard their brand image. It is therefore crucial to understand what constitutes infringement when it comes to refurbished goods.

Authors:
Fiona Zhang

18 JULY 2024

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.

Authors:
Elian Xue

18 APRIL 2024

For rights holders following the CNIPA’s Guidelines on Trademark Assignment Procedures, there are some crucial factors that should be considered – especially regarding likelihood of confusion, trademark squatting and invalidation or cancellation challenges.

Authors:
Cynthia Wang

11 APRIL 2024

The published Guidelines on Trademark Assignment Procedures aim to help assignees follow the process of trademark registration. It is crucial for rights holders to understand these guidelines to facilitate smooth and cost-effective assignment.

Authors:
Cynthia Wang

01 FEBRUARY 2024

Non-use cancellation attacks can be a major struggle for trademark owners in China. To successfully defend against such an action, they must be able to provide convincing evidence of valid use, which can take various forms. Careful selection of goods/services classes during registration will help to fight against future challenges.

Authors:
Cynthia Wang

25 JANUARY 2024

The rapidly evolving and competitive nature of the Internet carries a high risk of infringement. For rights holders of domain names in China, it is vital to understand the different dispute resolution methods in order to effectively protect their assets.

Authors:
Fiona Zhang

16 NOVEMBER 2023

Against the background of evolving non-cancellation legislation, rights holders can increase their chances of a successful defence by applying certain strategies throughout the process.

Authors:
Fiona Zhang

09 NOVEMBER 2023

Non-use cancellations can be major a pitfall for trademark rights holders, making it more critical than ever that they be aware of the complexities surrounding the procedures for these attacks.

Authors:
Fiona Zhang

02 NOVEMBER 2023

Recent enforcement against malicious trademark registrations in China has provided further clarity on precisely where the boundary between lawful defensive trademarks and illegal cybersquatting lies.

Authors:
Fiona Zhang

14 SEPTEMBER 2023

In its attempts to crack down on malicious trademark registration, the CNIPA is applying Article 44(1) of the Trademark Law. In many cases, however, it is difficult to prove confusion among the relevant public.

Authors:
Cynthia Wang

07 SEPTEMBER 2023

Trademark squatting is posing a sizeable challenge for genuine mark owners. The CNIPA is taking several measures to tackle the practice, including by strengthening the examination process.

Authors:
Cynthia Wang

27 JULY 2023

Increased accessibility, streamlined procedures, lower costs, comprehensive information and global reach that online registration platforms offer are drawing the attention and use of Chinese applicants, establishing these platforms as the preferred avenue.

Authors:
Jane Chen

09 FEBRUARY 2023

When approaching trademark assignment negotiations in China, taking a careful, considered approach, conducting thorough research and being well prepared for strong emotions can transform talks from a battleground to victory for both sides.

Authors:
Fiona Zhang

02 SEPTEMBER 2021

In a recent decision cancelling a registered trademark, a registrant forged invoices forming a chain of false evidence in an attempt to maintain ownership of a mark. The case highlights that forgery is relatively common in three-year non-use cancellation, with the costs low and inspection by authorities difficult.

Authors:
Alexandra Chopenko

22 JULY 2021

In the third and final instalment of a series on vital lessons to strengthen brand protection in China, we look at the General Administration of Customs’ new training programme.

Authors:
Brandy E Baker

15 JULY 2021

In the second instalment of this series on effective brand protection strategies, we examine the different types of action that can be requested to monitor and seize counterfeit products.

Authors:
Brandy E Baker

08 JULY 2021

When it comes to protecting goods at China’s borders, it is vital that brand owners know how to set themselves up for success. This series of articles outlines three steps for protection.

Authors:
Brandy E Baker

08 APRIL 2021

The number of copyright cases in China is increasing rapidly. Recent case studies provide practical tips on how to seek protection and what steps to take in disputes involving trademarks and copyrights.

Authors:
Fiona Zhang

11 FEBRUARY 2021

China’s first-to-file system has led to a significant increase in bad-faith filings and trademark hoarding. Fortunately, amendments to Article 4 of the Trademark Law should lead to a decrease in these malicious trademark practices.

Authors:
Jane Chen