A Summary of an IP Research

The article of Discussion of Counter Measures against Trademark Limitation and Pre-emptive under Several Cases has been written by Min Yao. The article is to provide a reference for enterprises to prevent malicious trademark imitation and pre-emptive registration through the analysis of several cases:

Case 1: Honda Motor Co., Ltd. (hereafter referred to as Honda Company) vs. Trademark Review and Adjudication Board (hereafter referred to as TRAB)

Case 2: Michelin (hereafter referred to as Michelin) vs. TRAB

Case 3: Liu Jianjia vs. Sony Ericsson Mobile Communications (China) Co. Ltd. (hereafter referred to as “Sony Ericsson China”)

Case 4: Quanzhou TXBB Food Co., Ltd (hereafter referred to as “TXBB”) VS. Ragdoll Productions (hereafter referred to as “Ragdoll”)

Generally analyzing and comparing the above four cases, in Case 1 and Case 2, the major reason that the owners’ claims were supported by the courts finally is that the involved trademarks were used on goods similar to those of the cited marks. With regard to whether or not the trademark is similar, the court can be appropriately looser or stricter within the power of discretion after considering various factors in the case. The circumstances Cases 3 and 4 are relatively special. The parties who requested protection did not use the names, over which they enjoyed a right with a nature of intellectual property, in trademark sense. Under such circumstances, it is relatively difficult to seek protection from Trademark Law. In addition, in practice, the pre-emptive registrations for trademarks that are of certain popularity on dissimilar goods or services happen the most.

Without doubt, the incorporation of this article will be helpful in protecting these kinds of trademarks. The third amendment of Trademark Law will also provide better protection to these kinds of trademarks. Our firm will continue to pay close attention to the third amendment of Trademark Law. If there is any development, we will try our best to discuss it from a perspective of practice with our clients as soon as possible.

Published by admin on August 25th, 2011 tagged China News

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