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18 JULY 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.
Authors:
Elian Xue
18 APRIL 2024
How to curb the risk of non-use and invalidation challenges when it comes to trademark assignment in China
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
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.
Authors:
Cynthia Wang
01 FEBRUARY 2024
Validating trademark use in the face of cancellation challenges
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
Winning strategies for resolving domain name disputes in China
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
How to defend against non-use cancellation attacks
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
Understanding the legislation that governs non-use cancellation attacks
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
A deep dive into the distinction between defensive applications and cybersquatting
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
Lamborghini and Novartis prove effectiveness of invalidation and opposition proceedings to combat trademark squatting
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
CNIPA cracks down on malicious registration using Article 4 of the Trademark Law
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
Online filing of trademark registrations soars in popularity
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
Three steps for successful assignment negotiations in China
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
Why three-year non-use cancellations have been hit so hard by evidence forgery
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
How to empower Chinese customs authorities
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
How to detect and capture infringing goods in China
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
Beating infringement at the border – catching counterfeiters in China
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
Copyright protection or trademark protection? Practical tips for rights holders
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
What the amendment to Article 4 of the Chinese Trademark Law means for bad-faith trademark filings
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
