China

Part 1:

Trademark squatters have been a hot topic for many foreign companies who have entered the Chinese market. The revision of the Trademark Law, effective on November 1, 2019, has been implemented for one and a half years. Has the law effectively curbed bad faith filings, and what happened after the law enacted? We discuss these in detail, as well as typical cases.

• Recall of the revised provisions of the trademark law to tackle bad faith filings
• Newly launched regulations against bad faith filings and corresponding data
• Typical persecution and litigation cases published by the CNIPA and courts for curbing bad faith trademarks.

Part 2:

A pure three-dimensional mark is hard to get registration in China unless it obtains secondary meaning through long-time use and promotion. The same situation also applies to other types of trademarks with lower distinctiveness, such as descriptive trademark, generic terms and advertising slogan. How the Chinese authorities judge trademark distinctiveness in different stages at current? Are they align their conclusions with each other? We give sufficient examples to demonstrate our practice and provide suggestions to enhance the protection.

• Typical cases concerning Christian Dior perfume bottle and Christian Louboutin red bottom shoe in China
• Current standards on distinctiveness in the Trademark Law and Chinese authorities’ judgments on trademark distinctiveness in different stages
• Key elements for consideration of distinctiveness, including relevant public, overall appearance, timing, etc.
• Protection suggestions concerning trademarks with low distinctiveness

 

Speakers

Boya Yin
Partner, Attorney at Law, Trademark Attorney

Ms. Yin a partner with Lung Tin, she is very experienced both in trademark prosecution and enforcement aspects, particularly in handling sophisticated trademark administrative/civil litigation cases. One of trademark litigation cases represented by her was selected as “Excellent Trademark Litigation Case” by CTA in 2015. In 2016, Ms. Yin represented a Japanese client to successfully safeguard its prior copyright before the Supreme People's Court. She is the Committee Member of Trademark Subcommittee of AIPPI China, the Advisory Committee Expert of (Beijing) Base Expert for Instructions and Research on IP Cases authorized by the SPC, and Golden Trademark Service Individual of CTA. 

 

Lvyun Wang
Attorney at Law, Senior Trademark Attorney

Ms. Lvyun Wang is very experienced in trademark practices including trademark strategy and portfolio development, administrative litigation, invalidity, opposition, well-known trademark confirmation. Furthermore, she offers high qualified services in connection with Customs recordation, Customs detainment, domain name disputes and other relevant matters in China. One of trademark invalidation case represented by her was selected as outstanding case of 2016-2017 by CTA, and another one of Customs seizure case as outstanding case of 2018-2019 by CTA. She is the Golden Trademark Service Individual of CTA.

中华人民共和国民法典(下称民法典)和最高人民法院关于适用中华人民共和国民法典有关担保制度的解释(下称最高院担保解释)已于2021年1月1日正式生效

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