According to a joint decision of the China National Intellectual Property Administration (CNIPA) and the Austrian Patent Office, the China-Austria Patent Prosecution Highway (PPH) pilot project will be extended for another five years from March 1, 2021, until February 28, 2026. The PPH enables accelerated examination of Chinese patent applications based on an allowance of an earlier-examined patent application. The relevant requirements and procedures for submitting PPH requests in the two offices remain unchanged. The China-Austria (regional) PPH pilot program …
Author: Aaron Wininger
Aaron Wininger is a Principal and Director of the China Intellectual Property at Schwegman Lundberg & Woessner.
New Balance Fails to Invalidate Chinese New Balance Trademark at Beijing Higher People’s Court
In a decision dated February 9, 2021 and first reported by 知识产权界, New Balance has failed on appeal to invalidate a Chinese trademark that is a transliteration of its name. Specifically, New Balance had attempted to invalidate the mark 新百伦 (4100879 in class 25) to Guangzhou New Balance Enterprise Management Co., Ltd. (广州新百伦企业管理有限公司) first at the former Trademark Office of the State Administration for Industry and Commerce (now China National Intellectual Property Administration (CNIPA)), then at the Beijing Intellectual Property Court, …
Shanghai Fines Chinese Patent Firm for Filing ‘Irregular’ Patent Applications
As first reported by IPRlearn, the Shanghai Municipal Administration of Market Supervision on February 5, 2021 has fined Shanghai Shangxiang Patent Agency Co., Ltd. (上海尚象专利代理有限公司) 30,000 RMB for filing 26 ‘irregular’ design patent applications.
Burberry Wins Preliminary Injunction Against Baneberry at Suzhou, China’s Intermediate People’s Court for Trademark Infringement
On February 19, 2021, the Suzhou Intermediate People’s Court announced it had awarded a preliminary injunction to Burberry against Xinboli Trading (Shanghai) Co., Ltd. (新帛利商贸（上海）有限公司), owner of Chinese brand Baneberry, for trademark infringement. Burberry is an iconic British fashion brand founded in 1856 while Baneberry is a fast-growing Chinese brand with 40 physical stores opened in China in the last year and a half.