China

Live updates: IP offices implement measures in wake of coronavirus crisis

As the novel coronavirus epidemic continues to spread across the globe, WTR provides an updated look at measures that national IP offices have launched in response.

Live updates: IP offices implement measures in wake of coronavirus crisis
Following in the footsteps of Michael Jordan, New Balance, Peppa Pig and Puma, expect more high-profile trademark decisions in China in the coming months
3 Apr 2021

Following in the footsteps of Michael Jordan, New Balance, Peppa Pig and Puma, expect more high-profile trademark decisions in China in the coming months

In our latest Saturday opinion column, we look at recent policy announcements and big decisions in China.

What global brands can learn from Peppa Pig and Puma achieving well-known status in China
1 Apr 2021

What global brands can learn from Peppa Pig and Puma achieving well-known status in China

PEPPA PIG and PUMA have both recently obtained well-known status in China – indicating that the Chinese courts may be adopting a friendlier approach to international brands. Both decisions provide key pointers for other rights holders.

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12 Apr 2021

Throwing shade at shadow companies - amendments to the Provisions on Administration of Enterprise Name Regulations

Compelling a shadow company to change its trade name used to be a costly and time-consuming exercise. However, several administrative measures have recently been introduced, marking a major improvement in the fight against shadow companies in China. Read more

8 Apr 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. Read more

26 Mar 2021

How Ant Group and Alibaba are deploying blockchain for IP trading and enforcement purposes

Ant Group is using distributed ledger technology to police IP infringement on its own platforms and across the Internet. Read more

26 Mar 2021

Alibaba releases 2020 IP protection statistics as engagement with anti-counterfeiting alliance grows

Alibaba has released statistics from its 2020 IP Rights Protection Report, revealing that 96% of suspected infringing listings were proactively detected and removed after posting, before a sale could be made. Read more

Anti-Counterfeiting

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25 Feb 2021

New Balance wins landmark legal battle in fight against copycat

New Balance has won a major legal battle against one of China’s most prolific copycats, New Barlun, with a Shanghai court awarding New Balance damages of Rmb25 million - the largest amount that the company has ever received in China. Read more

16 Feb 2021

Higher damages and criminalisation: changes to IP protection in China signalled by Xi Jinping

In a recently published article, Xi Jinping, president of China, has made clear the country’s intention to continue strengthening IP protection for brand owners. Read more

8 Feb 2021

The China trademark cases you need to know about

Wanhuida Intellectual Property partners Huang Hui and Paul Ranjard outline a number of important decisions addressing trademark refusal, oppositions and invalidations on relative grounds handed down in 2020. Read more

18 Jan 2021

The notorious markets you need to have on your policing radar

The latest USTR list provides crucial intelligence for rights holders, with eight new physical markets added. Read more

Brand management

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10 Mar 2021

Brand enforcement is “an art, not a science” – exclusive interview with Marriott’s Elisabeth Escobar

In a candid conversation with Elisabeth Escobar, WTR hears how the hotel company has weathered the storm faced by the hotel sector in the pandemic. Read more

26 Feb 2021

United States tumbles down Brand Finance Soft Power Index due to covid-19 response

In a star-studded launch event, Brand Finance held a virtual conference with speakers including Hilary Rodham Clinton, Carl Bildt and David Miliband. Read more

5 Feb 2021

Lego thrives thanks to savvy branding that stays true to core values

The legacy brand is both proactive and reactive in its strategy, ensuring that it stays relevant in a market that is unkind to traditional retailers. Read more

8 Jan 2021

LVMH completes Tiffany acquisition; AWS blow for Amazon; new USPTO deputy trademarks commissioner – news digest

In our latest round-up, we look at E & J Gallo Winery acquiring over 30 brands from Constellation, Taste Beauty being picked up by Centric Brands,  IPEC's new annual IP report, and much more. Read more

Enforcement and Litigation

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10 Mar 2021

Shenzhen court issues guiding opinions on punitive damages

The Shenzhen Intermediate Court has issued guiding opinions on the application of punitive damages in IP civil infringement disputes, providing clarity on the burden of proof and how punitive damages are calculated. Read more

5 Mar 2021

Cognac fends off genericide attack in opposition proceedings

In a victory for the Bureau National Interprofessionnel du Cognac, the China National Intellectual Property Administration has dismissed oppositions against the registration of the GI collective marks COGNAC and 干邑 (‘Cognac’ in Chinese characters) in Class 33. Read more

24 Feb 2021

New regulations set to alter enterprise name registration in China

China has amended its Regulations on the Administration of Enterprise Name Registration, which will come into effect on 1 March 2021. The updated regulations offer several provisions that rights holders can use to prevent businesses piggybacking on their reputation. Read more

18 Feb 2021

CNIPA issues first batch of guiding cases

The release of the guiding cases has been hailed as a signal that precedents are carrying increasing weight in judicial and quasi-judicial practice in China. Read more

Government/Policy

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18 Mar 2021

Morality refusal grounds are gone from the United States but are alive and well in China

In China, a broad swath of trademarks are likely to be refused based on the grounds that they are ‘unhealthy’. Read more

25 Jan 2021

Strengthened IP protection in China: key amendments highlighted

Recent amendments to the Patent Law, Copyright Law and Criminal Law demonstrate the state’s commitment to strengthening IP protection in China, and to adapting to the advancements of society and technology. Read more

5 Jan 2021

Lego infringement sentences upheld; The Mandalorian tops piracy list; counterfeit face masks seized – news digest

In our latest round-up, we look at a new technology aiming to combat fake whisky, Novagraaf acquiring Thomsen Trampedach, how 2020 was a good year for purchasing well-known retail brands, and much more. Read more

16 Dec 2020

“You cannot stop the IP train”: experts consider impact of Australia-China trade disputes on rights holders

The political relationship between Australia and China has further broken down. But IP experts remain confident that the tensions will not have a dramatic impact on brand work. Read more

Law Firms

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24 Dec 2020

Trademarks during covid: exclusive insights from law firm experts in China and Japan

WTR presents insights on how the events of 2020 shaped the trademark practice of Hu Gang in China, and Tomoe Takahashi and Mikako Tsukada in Japan. Read more

11 Dec 2020

Chinese IP agency fined for fraud; USPTO appoints new policy chief; Brainbase CEO lauded – news digest

In our latest round-up, we look at Authentic Brands Group acquiring a stake in an event producer, authorities seizing a shipment of counterfeit 3M surgical masks, brands being urged to ‘inspire’, and much more. Read more

9 Oct 2020

China overtakes American brand owners to be largest source of trademark applications at the USPTO: data analysis

The unprecedented growth in filings from the Asian giant has many practitioners scratching their heads, so we’ve drilled into the data to provide a comprehensive picture of the situation. Read more

25 Sep 2020

US and China driving international trademark applications, but question mark looms over the pandemic's impact

This week’s data analysis tells you everything you need to know about international registrations trends over the years, and gives a first look at the 2020 state of play. Read more

IP Offices

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1 Mar 2021

EUIPO data reveals long-term rise of Chinese applications, with Huawei the top filer

In 2020 China became the number one filing country for EU trademarks and number two for registered Community designs – with EU trademark filings from the country up a staggering 89% year on year. Read more

21 Dec 2020

Questions raised over unusual filing activity from US postal centre

After being made aware of some strange trademark activity coming out of 18351 Colima Road, Rowland Heights, California, WTR decided to take a closer look at the goings on at this postal centre. Read more

27 Nov 2020

Fatigue, motivation, satisfaction: exclusive interview with leading USPTO filer Jonathan Grant Morton

Chinese brand owners are filing for trademarks in record numbers, with Morton personally handling over 3,500 applications in September. He reveals the painstaking effort that goes into managing this much paperwork and discusses the impact of the imminent trademark fee increase. Read more

27 Nov 2020

Fighting fraudulent filings is the USPTO’s priority: an ex-examiner’s perspective

A former USPTO examiner suggests that the examining criteria for specimens has now become too stringent and is potentially harming smaller businesses. Read more

Online

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4 Nov 2020

Programme and first speakers revealed for Brand Strategy China 2020

Brand Strategy China will provide attendees with a series of talks delivering actionable takeaways for professionals tasked with protecting the integrity and maximising the value of their brands across Greater China. Read more

8 Sep 2020

Trump trademark approved in Argentina; Beijing IP Court update; Gucci ‘fake not’ collection – news digest

In our latest round-up, we look at outrage over a WWE order about names and likenesses, Bumble announcing plans to go public, how counterfeiting remains a problem on Taobao, and much more. Read more

4 Sep 2020

The TikTok brand has gone global, which is a great feat, but now it faces a reckoning in the US

The video-sharing app is a highly attractive brand for its resonance with the Gen-Z demographic, but its relationship with China and status as a social media giant will create risks for whoever takes it on. Read more

3 Sep 2020

Trademark protection on e-commerce platforms

With the increasing protection of IP rights on e-commerce platforms, trademark registrants’ rights are respected and protected. Read more

Portfolio Management

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8 Feb 2021

Revocations and damages: the 2020 China decisions shaping trademark practice

Continuing our two-part overview of key decisions in China in 2020, we explore decisions on revocations for non-use and those illustrating the raising level of financial compensation awarded by the courts. Read more

20 Jan 2021

CNIPA clarifies that confusing colours can make a mark infringing

Additional certainty on whether the colour choices for a mark can make it infringing has been issued following a case involving Tommy Hilfiger’s famous flag. Read more

15 Jan 2021

Analysis of the top representatives of Chinese applicants at USPTO reveals strange ebb and flow in workloads

Trademark data shows peculiarities in the mega filers’ activity, particularly within Jonathan Morton’s portfolio. Read more

14 Jan 2021

Courts uphold TRAB decision to invalidate trademark consisting of Mongolian place name

These invalidation proceedings involving the mark 阿尔山 - the Chinese transliteration of ‘Aershan’, a city in Inner Mongolia - have been selected as one of the top 10 “Exemplary Cases of Trademark Grant and Affirmation of the Year 2019”. Read more

Trademark law

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15 Jan 2021

How lawyers tackled infringing Michael Jordan Chinese translation marks that were too old to invalidate

GEN Law Firm partner Steve Zhao and associate Pei Lyu reveal the intricacies of the arguments that made them successful in the Shanghai court. Read more

23 Sep 2020

Getting creative: when to protect trade dress under trademark or competition law

In the absence of trade dress-specific legislation, rights holders in China must manoeuvre around the Trademark Law and the Anti-unfair Competition Law if they are to protect their unique designs effectively. Read more

3 Sep 2020

Strategies to establish trademark fame in China

Aligned marketing and legal strategy to build, defend and strengthen brand reputation We live in a world surrounded by brands. Read more

3 Sep 2020

Trademark application process in mainland China

As China becomes an important market for foreign brands, securing a trademark in China early will smooth the entry into the Chinese market. Read more

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Jessica Wolff
Intangible Asset Director
Cambridge, United Kingdom
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