Category: Cases
Judicial protection of well-known trademarks on the same or similar goods
In exceptional circumstances, the registered trademarks which copy, imitate, or translate well-known trademarks that others have registered in China on the same or similar goods may be revoked or invalid in accordance with the provisions in Article 1[…]Read full blog
The examination and judgment of “other meanings” and the registrability of trademarks with geographical names
- Comment on the administrative disputes of Las Vegas Sands Corp. v. Trademark Review and Adjudication Board of SAIC on the refusal and review of trademark application[…]Read full blog
Judicial judgment of deceptive signs - Comment on the administrative case of trademark application refusal and review between China Trademark Review and Adjudication Board and Northern Trust Group
“Easy to mislead the public” is the core element of deceptive sign recognition. The specific determination can be considered from the sign orientation, the overall misleadingness, the possibility of deception, the category of goods used and the subje[…]Read full blog
Trademark “BATTLESTAR GALACTICA” in Chinese & Latin characters” Invalidated by China Trademark Review and Adjudication Board for being Identical with a Universal Movie Name
Article 32 of China Trademark Law says “No trademark application shall infringe upon another party’s existing prior rights. Nor shall an applicant rush to register in an unfair manner a mark that is already in use by another party and enjoys substant[…]Read full blog
The Paintor Still Enjoys the Right to Exhibit the Duplicate of the Artistic Work after Giving the Original to Others
According to Article 18 of China Copyright Law, The transfer of ownership of the original copy of a work of fine art, or other works, shall not be deemed to include the transfer of the copyright in such work, provided that the right to exhibit the or[…]Read full blog
From A Case to Put "trade dress" in Perspective
Plaintiff Leapers, Inc. makes adjustable rifle scopes. Several portions of Plaintiff’s products are textured with so-called “knurling,” which allows users.....[…]Read full blog
Review Decision about Trademark No. 18620888 for Rejection
A review case about judging the similarity between a designed word mark and a word mark.[…]Read full blog
Review Decision about Trademark No. 15884582 for Rejection
A review decision about a combined mark[…]Read full blog
Perspectives on the dispute of “Daoxiangcun”
Over the years, in Chinese market of pastries and mooncakes, the Daoxiangcun (“稻香村”) brand... […]Read full blog
Review Decision about Trademark No. 19019115 for Rejection
Applicant: Mengyin Mengshan Hejia Food Company Agent: Shandong Weicheng IP Service Ltd The applicant applied for trademark review to the TRAB on account of disagree with the rejection...[…]Read full blog