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Author: Wenjuan(Judy) Liu; Danqing(Belinda) ZhaoIn the trademark authorization procedures, in order to overcome the prior cited mark, a common strategy would be to take action against the earlier mark via opposition, non-use cancellation, or invalidation. However, examination results of the trademark application or the review of refusal will very often come out before the counter-action is decided, thus leaving the owner to either continue to file costly appeals or refile an application for their own trademark. To reduce the amount of unnecessary administrative litigation caused by the un...
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Author: Judy (Wenjuan) LiuDefensive trademark registration protection in related classes for important core trademarks has become a common strategy adopted by trademark right holders. Despite the increasing efforts to combat trademark squatting in bad faith, defensive trademark registration is still undoubtedly the most economical and effective way. However, 'defensive trademark' is not a 'special statutory right of' trademark under the Trademark Law of Republic of China (hereunder refers to PRC Trademark Law). Its registration protection is still subject to the PRC Tradem...
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Author: Yingying Zhu, Partner at BEIJING MINGDUN LAW FIRMEmail: zhu.yingying@mdlaw.cnDate: February 8, 2023 Introduction Filing defensive trademark is a common strategy used by trademark owners to prevent trademark infringement and trademark squatting. There is no unified definition for defensive trademarks, but there is one neat definition which could deliver their core value- Trademarks, which has been registered for the purpose of creating a “defensive” perimeter around the mark actually used by the proprietor,[1]that is, a shield. A typical defensive trademark application is...
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Author: Zhao DanQing, Partner at BEIJING MINGDUN LAW FIRMAs China became the world's second largest economy, there is an increasing demand of both domestic and overseas market entities for seeking trademark protection in China. However, the loopholes in China's trademark protection system have been maliciously taken advantage of. Trademarks have been applied for in bad faith without purpose of use. Such behaviors have crowded out the increasingly tight trademark resources and disturbed the order of the market economy. In order to crack down on malicious...
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Author: Yang Xiuyun, Partner at BEIJING MINGDUN LAW FIRMBy the end of June 2022, there were 40.545 million valid registered trademarks in China. However, the growing number of trademark applications highlights the scarcity of limited trademark resources, making it highly possible for new trademark registration applications to conflict with prior registered trademarks. Gradually, trademark co-existence agreement has become a common method for applicants to overcome obstacles to registering a trademark earlier. However, for trademark authorizers, when dealing with trademark co-existence agr...
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Author: Liu Wenjuan, Partner at BEIJING MINGDUN LAW FIRMArticle 32 of the Trademark Law of the People’s Republic of China (hereunder refers to “PRC Trademark Law”) stipulates that an application for trademark registration shall not infringe the prior rights of others. According to the Guidelines for Trademark Examination and Adjudication issued by the China National IP Administration (“CNIPA”), the above-mentioned 'prior rights' include other’s legitimate prior rights and interests except prior trademark rights that should be protected, including but not limited to prior trade nam...
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Author: Yingying Zhu, Partner at BEIJING MINGDUN LAW FIRMEmail: zhu.yingying@mdlaw.cnDate: November 23, 2022OverviewMany of our clients have unique product designs that enable them to stay on top of the market and achieve huge commercial success. However, while enjoying the fruits of their creativity, they are also tasting the bitter part of success-they are highly plagued by various copycats in the industry who produce “look-alike” version of product designs with only minor changes and then steal away market shares and customers.Under the current IP laws and anti-unfair competition laws of Ch...
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