Trends in China Trademark Law

A trademark is an important distinguishing tool that a company can utilize to generate its own unique following and identity. Companies spend millions to promote and protect the trademarks they develop. For this very reason trademark laws are an important area of law that ensures that the intellectual property of a company is secured and [...]

Published by administrator on February 14th, 2016 tagged TRADEMARK | Comment now »

Trademarks, pretty things and fair competition.

Trademarks, pretty things and fair competition.
The issue of aesthetic functionality came up in a recent project, therefore it seems fitting to discuss it.
In the USA there is something called the functionality doctrine, which protects specific features of products by way of trademark laws. This idea is a balancing act that some American Courts must perform [...]

Published by Christopher Fung on November 25th, 2015 tagged China News | Comment now »

Opinions on Several Issues Concerning the Trial of Administrative Cases Involving the Authorization and Determination of Trademark Rights

Since the Decision of the Standing Committee of the National People’s Congress on Amending the Trademark Law of the People’s Republic of China came into force on December 1, 2001, the people’s courts started accepting and hearing cases about the authorization and determination of trademark rights as brought by the interested parties for the review [...]

Published by admin on October 21st, 2010 tagged China News | Comment now »

TRADEMARK REGISTRATION FOR “NAKED”

The Hong Kong Court of Appeal made a decision against the Court of First Instance and in favour of the Registrar of Trade Marks concerning the registration of “NAKED” for condoms on December 15, 2009.
Earlier in 2009, the Hong Kong High Court of First Instance overruled the decision of the Registrar of Trade Marks in [...]

Published by admin on April 8th, 2010 tagged China Law | 1 Comment »

Edward Lehman Selected to Who’s Who International Trademark Lawyer 2010

Edward Lehman of Lehman, Lee, and Xu has been named one of the best Trademark lawyers in China by the International Legal Who’s Who 2010. This award accompanies Mr. Lehman’s award from the same publication as one of China’s best Franchise lawyers.
Lehman, Lee & Xu is a prominent Chinese corporate law firm and trademark and [...]

Published by admin on March 2nd, 2010 tagged Podcast | Comment now »

Konica Minolta Holdings Inc. V. Trademark Review And Appraisal Board Of The State Administration For Industry And Commerce Of The People’s Republic Of China

Konica Minolta Holdings Inc. V. Trademark Review And Appraisal Board Of The State Administration For Industry And Commerce Of The People’s Republic Of China, Etc. Re: Trademark Administrative Dispute
Konica Minolta Holdings Inc. (Minolta) applied on 18 January 1985 for the registration of the trademark “MEINENGDA” and successfully registered such trademark (Register No. 238453) (the referenced [...]

Published by admin on February 25th, 2010 tagged China Law | 1 Comment »

Volkswagen Inc. V. Trademark Review And Appraisal Board Of The State Administration For Industry And Commerce Of The People’s Republic Of China

Volkswagen Inc. V. Trademark Review And Appraisal Board Of The State Administration For Industry And Commerce Of The People’s Republic Of China Re: Dispute Over Trademark Administration
Volkswagen Inc. (Volkswagen) applied on 8 June 2004 to register the trademark “Tuan” (No. 418302) (the proposed trademark) on motorcycles, bicycles, auto tires, land, air, water and rail transport [...]

Published by admin on February 25th, 2010 tagged China Business | Comment now »

Civil Liability Proves to be New Weapon Against the Export of Trademarks Infringing Goods

Trademark infringement has always been a major concern for firms doing business in China. However, as new figures emerge, it seems that this problem is only getting worse. According to the Customs General Administration (CGA) The total value of all goods seized for trademark infringement totaled over RMB328,000,000 in 2007.
The process of Customs seizures is [...]

Published by admin on February 11th, 2010 tagged China Law | Comment now »

Civil Liability Proves to be New Weapon Against the Export of Trademarks Infringing Goods

Trademark infringement has always been a major concern for firms doing business in China. However, as new figures emerge, it seems that this problem is only getting worse. According to the Customs General Administration (CGA) The total value of all goods seized for trademark infringement totaled over RMB328,000,000 in 2007.
The process of Customs seizures is [...]

Published by admin on February 11th, 2010 tagged China Law | Comment now »

Trademark dispute case: Volkswagen

Case Name:
Volkswagen v Trademark Review and Appraisal Board of the State Administration for Industry and Commerce of the People’s Republic of China (“TRAB”)
Facts:
- Volkswagen sought to registered the trademark “Tuan”, and submitted an application with the TRAB. Volkswagen applied on June 8, 2004;
- Their trademark application was in respect numerous items surrounding the auto trade;
- [...]

Published by admin on January 25th, 2010 tagged China Culture | Comment now »