The most professional brand service, create higher value for you
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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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 s...
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Author: Yingying Zhu, Partner at BEIJING MINGDUN LAW FIRMEmail: zhu.yingying@mdlaw.cnDate: August 24, 2022 IntroductionEach 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, pe...
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For decades, some delivery companies, branches and their employees have committed illegal acts in terms of real-name mailing, incoming package inspection and implementation of the provisions on mailing of prohibited articles, in order to seek long-term stable business and high interests. Some express or logistics companies have conspired with the counterfeits production and sale gangs, forming a tight chain of interests. But they always got off lightly. A large amount of counterfeit drugs or illegal drugs were transported through express delivery. Case introduction Jin...
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Public comments solicited on the draft amendments to the Measures for the Administration and Protection of Collective Marks and Certification Marks On 7 June 2022, the China National Intellectual Property Administration (CNIPA) began to solicit public comments on the draft amendments to the Measures for the Administration and Protection of Collective Marks and Certification Marks. The main modifications are as follows:1. Modify the name of the regulations to improve the legislative purpose2. Further standardize the registration application behavior3. Strengthen the management requir...
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