The most professional brand service, create higher value for you
Author: Zhao DanQing, Partner at BEIJING MINGDUN LAW FIRMAs China became the world's second largest economy, there is an increasing demand ofboth domestic and overseas market entitiesfor 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 withoutpurpose of use. Such behaviorshave crowdedout the increasingly tight trademark resources and disturbedthe order of the market economy. In order to crack down on maliciousregistration of trademarks that are not...
2023
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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, fortrademark authorizers, when dealing with trademark co-existence agreement...
2022
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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 (hereunderrefers 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 name righ...
2022
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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...
2022
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Author: Jin Lianyi, Partner at BEIJING MINGDUN LAW FIRMWhen an enterprise prepares to explore the market in China but finds that its own trademark has been registered by others, if it cannot solve the problem of preemptive registration as soon as possible, it will directly lead to the loss of commercial interests in China. Recently, Mingdun Law Firm (hereinafter referred to as Mingdun)won an administrative lawsuit on the invalidation of preemptive trademark registration for a client who encountered such difficulties. It successfully cracked down on preemptive trademark registration and safegua...
2022
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Author: Yingying Zhu, Partner at BEIJING MINGDUN LAW FIRMEmail: zhu.yingying@mdlaw.cnDate: August 24, 2022IntroductionEach of us is being bombarded by unsolicited calls on a daily basis, if not hourly. Most of these calls were from people in legitimate businesses who wanted to tele-market something, for example, houses, training courses, bank loans, etc., and some were from frauds or scammers who wanted to set people up through scam calls. Even after the effectiveness of the Personal Information Protection Law of the People’s Republic of China(the “PIPL”)[1]since November 1st, 2021, people sti...
2022
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Author: Yingying Zhu, Partner at BEIJING MINGDUN LAW FIRMEmail: zhu.yingying@mdlaw.cnDate: June 15, 2022IntroductionIntellectual Property Rights (“IPRs”) empower their owners with a privilege to exclude unauthorized parties from use of the relevant subject matter under protection (for example, trademarks, patents, copyrights). However, exercising IPRs might sometimes generate tensions with other sectors of law, such as the civil code, the anti-unfair competition law, the antitrust law, etc. According to the China Supreme People’s Court’s interpretation of the Civil Code of the People’s Republi...
2022
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