China

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.

How lawyers tackled infringing Michael Jordan Chinese translation marks that were too old to invalidate
Analysis of the top representatives of Chinese applicants at USPTO reveals strange ebb and flow in workloads
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

Live updates: IP offices implement measures in wake of coronavirus crisis
12 Jan 2021

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.

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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

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

8 Jan 2021

Court awards publishing house Rmb1.5 million in damages for trade dress infringement

A Chinese court has awarded the publishing house of the Dictionary of Frequently Used Ancient Chinese Characters Rmb1.5 million in damages in the country's first court ruling to hold a book planning firm and a publisher liable for joint infringement in a dispute concerning trade dress. Read more

8 Jan 2021

China

China has a comprehensive and integrated legal framework for trademark protection based on domestic legislation as well as international IP treaties and conventions. Read more

Anti-Counterfeiting

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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

30 Dec 2020

Courtroom prowess proves resilience of award-winning Jaguar Land Rover brand

Jaguar Land Rover’s recent prosecution successes send a clear message on how seriously the company considers its IP protection – earning the group tasked with such efforts the WTR Europe, Middle East and Africa Team of the Year Award. 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 Dec 2020

Dealing with cut budgets and fighting fakes during a pandemic: interview with Starbucks’ Batur Oktay

WTR sits down with Batur Oktay to explore how he led the Starbucks IP team through the many challenges created by covid-19 this year. Read more

Brand management

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24 Dec 2020

China hogs the enforcement limelight for Peppa Pig owner Entertainment One

Entertainment One’s senior director of brand protection, Niall Trainor, reflects on a year dominated by a major acquisition and reveals the key factors that led to his side winning WTR’s Sports, Entertainment and Media Team of the Year Award. 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

12 Dec 2020

My name, my face, your trademark? Protecting publicity and image rights in China

A series of high-profile cases has seen publicity and image rights in the spotlight in recent years. Although the laws protecting these rights can be broad, a well-thought-out strategy with evidence of reputation will see celebrities triumph over bad-faith filers. Read more

26 Nov 2020

“China depth, global width is the key”: inside ABB’s anti-counterfeiting efforts

Michael Ding, head of IP operations, Asia, Middle East and Africa, at the ABB Group, tells WTR  how the company approaches brand protection and anti-counterfeiting. Read more

Enforcement and Litigation

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4 Jan 2021

Chinese court grants protection to unregistered GI ‘Romanée-Conti’

The Beijing High Court has granted protection to the GI ‘Romanée-Conti’, holding that although Romanée-Conti had not been applied for registration as a GI trademark in China, registration was not a prerequisite to invoke protection of GIs under the Trademark Law. Read more

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

18 Dec 2020

China trademark litigation: all the statistics you need to know

In a new annual article, we delve into infringement data to track trends and identify key figures Read more

18 Dec 2020

SPC’s provisions on evidence in IP civil litigation - overview and key points

The provisions, which were promulgated by China’s Supreme People’s Court on 16 November 2020, seek to alleviate the burden of proof resting on IP rights owners. Read more

Government/Policy

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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

11 Nov 2020

Trump’s final IP strategic plan may be non-partisan enough for Biden to keep

Legal experts argue that, in terms of IP strategy, it could be a case of ‘policy business as usual’ once Biden is ensconced in the Oval Office. Read more

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

27 Oct 2020

“The myths can make companies disengage” – exclusive interview with IP Australia’s China representative

Charlotte Trinh has big ambitions to grow the role and push for more engagement between Australian brand owners and the Chinese IP system. Read more

Law Firms

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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

23 Sep 2020

Decoding the Chinese legal market: what do clients want and whom do they prefer?

With fierce rivalry between domestic and foreign outfits, as well as different types of law firm and agency entities, choosing a partner in China can be a daunting prospect. World Trademark Review gathers exclusive client feedback to assess who is coming out ahead – and why. Read more

23 Sep 2020

Flying high: registry data shows Asia-Pacific filings are skyrocketing

Filing data at the top Asia-Pacific IP offices reveals a region undergoing spectacular growth, accounting for a colossal 80% of trademark activity worldwide last year. Spearheading the effort is China – a nation with increasing influence over its neighbours, which shows no signs of slowing down. Read more

IP Offices

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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

6 Oct 2020

China’s domestic filings show a country of brands unperturbed by US trade war

For the first time ever, Chinese filings have overtaken domestic US filings at the USPTO. Meanwhile, China’s domestic trademark growth also continues. Read more

25 Sep 2020

As the USPTO expects downturn in trademark revenues, Chinese applicants are helping break filing records

Trademark filings at the USPTO seem to have recovered to typical levels but there are still questions over whether the activity level of Chinese applicants will be sustained. Read more

Online

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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

25 Aug 2020

Criminal case involving L’Oréal’s KIEHL’S mark among exemplary IP rights cases of 2019

This decision of the Shanghai High Court in a case involving the sale of fake Kiehl’s cosmetics on online Taobao stores by a counterfeiting syndicate provides valuable guidance for future similar cases. Read more

Portfolio Management

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11 Dec 2020

The Synlait case: Supreme People’s Court emphatically supports letters of consent

The Supreme People’s Court of China has held that trademark owners are better positioned than the Trademark Review and Adjudication Board or the courts to assess whether the concurrent use of two marks will lead to confusion among the relevant public. Read more

14 Oct 2020

Van Cleef & Arpels’ four-leaf clover mark invalidated for lack of distinctiveness

The Beijing IP Court has denied the inherent and acquired distinctiveness of Van Cleef & Arpels’ four-leaf clover 3D trademark. It remains to be seen whether such view is shared by the Beijing High Court, to which the case is now on appeal. 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

What you need to know about the suspension of examinations in trademark administrative cases in China

Rights holders need to have an understanding of the nuances of examination procedures, including the circumstances in which examinations can be suspended in trademark administrative cases. Read more

Trademark law

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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

3 Sep 2020

Lost in translation: protecting Chinese-language marks

If a Chinese company goes to another country to sell products or provide services, it is advisable for it to use a trademark in the language of that country in addition to its own Chinese-language mark. Read more

20 Aug 2020

Five ways to beat the odds and protect your brand in Asia

We shine the spotlight on some of the biggest challenges facing brands in Asia and reveal what steps WTR’s trademark elite – from Beijing to New Delhi – are taking to overcome them. Read more

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