China

China: Conflict Between Trade Name And Prior Registered Trademark

China: Conflict Between Trade Name And Prior Registered Trademark

With the rapid development of the economy, businesses are more conscious of the need of include trademark protection in their corporate development plans. Trademark agencies are springing up all over these days. Apart from obtaining a complete trademark registration system, big corporations are increasingly focusing on trademark administration and protection. Conflicts between trade names and registered trademarks are common in practice. In this post, we’ll look at the conflicts between later business names and previously registered trademarks. The name of [...]

IP legal problems with OEM product exports from China, OEM product exports from China, Original Equipment Manufacturing - OEM, IP legal problems with OEM product exports from China

IP legal problems with OEM product exports from China

China has been increasing its efforts on the inspection of OEM products as there have been many IP legal problems with OEM product exports from China. Accordingly, individuals/organizations conducting businesses in China should take extra caution in recent times.  Original Equipment Manufacturing – OEM Although these terms are not very well known in public, however, both the terms OEM and ODM are very familiar in the industrial manufacturing industry. OEM stands for Original Equipment Manufacturing, and ODM stands for Original Design [...]

CNIPA: Strategic suggestions on trademark protection of enterprises

CNIPA published Guidelines on Trademark Protection and Enforcement in China on November 23, 2021, which included the following strategic recommendations for enterprise trademark protection: After trademark registration, make standardized use of trademarks The trademark registrants must standardize the use of registered trademarks to retain the exclusive right of registered trademarks and avoid infringement concerns. In general, businesses should pay attention to the following factors: The trademark registrant must, in principle, preserve the trademark pattern similar to that mentioned in the trademark registration [...]

Trademark Battles Against Chinese Copycats, Battles Against Chinese Copycats, Chinese Copycats, combat bad faith trademarks

Trademark Battles Against Chinese Copycats

Brands from around the world aim to sell their products in China, to its 1.4 billion-strong population. But there’s one problem business leaders, from Steve Jobs to Elon Musk, have had to deal with in exchange for that market access: copycats. Many major brands have gotten dragged into years-long legal disputes to protect their trademarks. Sometimes, the real brands are even forced to apologize—and pay millions of dollars in compensation to their copycats. While discussions about intellectual property protection have largely [...]

Huawei wins the 'MatePod' trademark against Apple, Failure to convince the CNIPA, MatePod, 'MatePod' trademark

Huawei wins the ‘MatePod’ trademark against Apple

After a long, constant battle between Huawei and Apple regarding the ‘MatePod’ trademark, the fight has finally been over with Huawei coming up on top.  The origin of the conflict between the 2 giant tech companies dates back a long time ago, probably because they are 2 ‘giant tech companies’ in the world and conflicts are inevitable.  However, if taking just the battle for ‘MatePod’ trademark, the disagreement booms for the word ‘Pod’ cause while Huawei is not known for this [...]

China plans to improve international collaboration in the field of intellectual property rights

China plans to improve international collaboration in the field of intellectual property rights

During the 14th five-year plan period (2021-2025), China is trying to strengthen a larger and deeper opening-up of the intellectual property rights (IPR) sector in order to improve international IPR collaboration, according to the IPR authorities. Gan Shaoning, deputy head of the National Intellectual Property Administration (NIPA), noted that the IPR authorities have developed three significant measures aimed at breaking new ground in global IPR cooperation. China to improve international IPR collaboration To begin, China will actively participate in global IPR governance, [...]

Trademark coexistence agreements in China, Thoughts on perfecting the system of coexistence agreements, Factors to be considered whether to accept the coexistence agreement, coexistence agreement, Trademark coexistence agreements

Trademark coexistence agreements in China

In China, cases of trademark applications involving coexistence agreements are increasing year by year. According to the doctrine of the exclusive property of trademark rights, two identical or similar trademarks on the same or similar goods cannot coexist in the market for a long time. But there is a phenomenon of trademark coexistence in reality. Accordingly, for the same or similar trademarks used on goods or services, if the owner of the cited trademark agrees to the coexistence of [...]

The Central Committee of the Communist Party of China and the State Council issued the “Guidelines for Building a Powerful Country with Intellectual Property Rights (2021-2035)”, Guidelines for Building a Powerful Country with Intellectual Property Rights, The Guidelines established a goal for 2025 in terms of numerical goals

The Central Committee of the Communist Party of China and the State Council issued the “Guidelines for Building a Powerful Country with Intellectual Property Rights (2021-2035)”

The Central Committee of the Communist Party of China and the State Council issued the “Guidelines for Building a Powerful Country with Intellectual Property Rights (2021-2035)” on September 22, 2021. The Guidelines set numerical development objectives for intellectual property as well as additional objectives including “deep engagement in global intellectual property governance. The Guidelines established a goal for 2025 in terms of numerical goals By 2025, significant progress will have been made in the development of a powerful intellectual property nation; [...]

Huawei becomes the leading company on patent inventors in 2021, the leading company on patent inventors in 2021, the top patent inventor and private companies' R&D investment list for 2021, Huawei – the leading company on patent inventors

Huawei becomes the leading company on patent inventors in 2021

According to The top patent inventor and private companies’ R&D investment list for 2021, Huawei has become the top patent inventor from Guangdong province alongside three other private enterprises.  On the top patent inventor and private companies’ R&D investment list for 2021 published by the All-China Federation of Industry and Commerce on October 11th, 2021, after Huawei, the internet provider Tencent takes the second and the chipset MediaTek takes the third. The appliance manufacturer Gree Electric takes fifth place in [...]

CNIPA announced a new change to trademark certificates format in 2022, new change to trademark certificates format in 2022, paper trademark certificates in China, No more paper trademark certificates in China

CNIPA announced a new change to trademark certificates format in 2022

From the beginning of 2022, no paper trademark certificate will be issued anymore. From January 1st, 2022, trademark owners will only receive electronic trademark certificates.  This change of formality of trademark certificate is in line with CNIPA’s policy of digital conversion, aiming to create an electronic-based world.  This strategy has already been implemented in the past with the ceasing of paper patent certificates back at the beginning of 2020.  To clarify, in January 2020, the CNIPA has announced that it would no [...]

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