The most professional brand service, create higher value for you
Author: Yingying Zhu, Partner at BEIJING MINGDUN LAW FIRMEmail: zhu.yingying@mdlaw.cnDate: August 30, 2023Introduction The China Standard Contractual Clauses (hereinafter the “China SCCs”) as well as the application rules have been promulgated by the Cyberspace Administration of China (hereinafter the “CAC”) on February, 24, 2023, and have become effective on June 1, 2023.The CAC offers a six-month grace period for personal information handlers [1](hereinafter the “PI Handlers”) to take necessary measures to comply with the requirements for their cross-border transfer of Personal Inf...
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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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Trademark rights enforcement is an important way for trademark rights holders to combat all kinds of infringement, prevent the dilution of trademark rights, as well as actively protect their legitimate rights and interests. It is also one of the important ways to achieve the value of registered trademarks. According to the circumstances in which the infringement occurred, the legal procedures to which the infringing trademark belongs, the status of use and other factors, the trademark rights enforcement cases mainly include the following two types: TypeContentTrademark...
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Recently, Mingdun Law Firm represented Kunlun Tongtai LLC. in the administrative dispute of trademark rejection review and the invalidation declaration dispute, successfully helping the client to invalidate the prior cited trademark registered in bad faith, and at the same time being making its core trademark approved for registration. The victory of these cases effectively safeguarded the client's brand and laid a solid foundation for the long-term development of the client's brand. Shenzhen Kunlun Tongtai LLC. submitted an application of regist...
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In order to effectively implement the '14th Five-Year Plan for the Protection and Use of National Intellectual Property Rights', the Enterprise Trademark Management Committee of the Beijing Trademark Association established a writing group for the Guidelines for Enterprise Trademark Management. After bringing together many front-line trademarks practice experts from leading enterprises and trademark legal service institutions, and on the basis of full research, the writing team compiled the Guidelines for Enterprise Trademark Management (hereinafter referred to...
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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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