Market Insight

Updates from an international team of correspondents who report on recent developments in trademark law and practice in their home jurisdictions, as well as strategic issues and those relating to brand protection, portfolio management and value creation.

Become an exclusive industry or jurisdiction contributor on Market Insight for WTR.

Contact Us
Filter by Industry or Jurisdiction

China

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

Unlock unlimited access to all WTR content