USPTO Sanctions U.S. Patent Attorney for Renting out Bar Registration to Chinese Trademark Agency to File Trademark Applications

Posted on Categories Trademarks

In a Final Order in Proceeding No. D2021-8 dated September 24, 2021, the U.S. Patent & Trademark Office sanctioned a U.S. patent attorney for apparently renting out his bar number to a Chinese trademark agency.  The agency then proceeded to file U.S. trademark applications on behalf of foreign applicants under the attorney’s name and bar number.  This was presumably so that the foreign applicants could circumvent the the U.S. Counsel Rule, which sets forth a U.S. licensed attorney requirement for …

China’s National Intellectual Property Administration to Cease Issuing Paper Trademark Certificates

Posted on Categories New Law, Rule or Implementing Regulation, Trademarks

As announced on October 12, 2021, China’s National Intellectual Property Administration (CNIPA) will cease issuing paper trademark certificates from January 1, 2022. Registrants can instead download an electronic version. From October 15, 2021 to December 31, 2021, CNIPA will issue both paper and electronic registration certificates during this transitional period. This follows last year’s announcement that CNIPA would cease issuing paper patent certificates.

Guest Post: Protection of Chinese Equivalents of Foreign Trademarks

Posted on Categories Trademarks, Uncategorized

This is a guest post by Yan Zhang and Austin Chang of Beijing EastIP. When an overseas brand enters the Chinese market, selecting a Chinese equivalent of the overseas brand is crucial because native Chinese pronounce and remember the Chinese language version much easier than any foreign language version. This is precisely why nearly all famous international brands have and use Chinese equivalent names in China. Literal translation is one of the ways in selecting a Chinese equivalent.  For example, …

Shanghai, China’s Municipal People’s Congress Proposes Fining Irregular Patent Application Applicants Up To 150,000 RMB

Posted on Categories New Law, Rule or Implementing Regulation, Patents

On September 30, 2021, the Shanghai Municipal People’s Congress issued the draft Several Provisions on the Establishment of a High-level Intellectual Property Protection System in Pudong New Area, Shanghai (上海市浦东新区建立高水平知识产权保护制度若干规定(草案征求意见稿)).  Article 6 of the Provisions proposes to increase punishment for irregular (or abnormal) patent applications and malicious trademark applications to up 150,000 RMB ($23,280 USD) and 50,000 RMB respectively.  The Provisions also provide for IP protections at exhibitions, specify increased punitive damages for intentional infringement as well as fines for …