Law: Trademark Law 1982 (China)

Key infringement cases highlight Chinese courts’ approaches to damages

Featured in Trademark Litigation Review 2025

The past year has seen several high damages awards cases in China, and the courts are applying different methods to calculate amounts. As approaches differ across the country, it is crucial for rights holders to understand current judicial practices, which ultimately demonstrate a stronger focus on deterring infringers. 

20 August 2024

Opposition trends in China reveal CNIPA crackdown on trademark squatting

Featured in Trademark Litigation Review 2025

The CNIPA is zeroing in on protecting prior rights in opposition proceedings, and recent practices indicate that the administration is increasingly relying on catch-all provisions to curb bad-faith filings. Rights holders must be aware of these emerging trends in order to bolster their chances of success in opposition proceedings.

20 August 2024

China: Comprehensive legislative framework underpins domestic and international IP protection

Featured in Trademark Litigation Review 2025

The courts have continued to crack down on bad-faith trademark filings, improving the quality of administrative cases and curbing malicious trademark hoarding. It is crucial for plaintiffs to collect evidence of use to support damages claims. 

20 August 2024

Analysis reveals mobile apps constitute evidence of use in trademark cancellation or invalidation actions

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

CNIPA highlights critical aspects of trademark assignment in published guidelines

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.

11 April 2024

Article 19(4) and the actions of trademark agencies: insights from the ZHAI DIAN SHE case

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

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