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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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On 7 January 2023, Mr. Peter Brody, as Chair of the Legislation and Regulation Committee of the International Trademark Association (' INTA '), sent a congratulatory email to Ms. Yingying Zhu, partner of MINGDUN Law Firm. It is announced that Ms. Zhu has been selected by the INTA Legislation and Regulation Committee Asia Pacific Branch as an INTA High-Performing Committee Member and will be featured in an INTA Bulletin, and be highlighted in INTA’s social media. Ms. Yingying Zhu graduated from Peking University and University of California, Berkeley, USA. She is qualified as a law...
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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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