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, …

China to Require Signing of Commitment of Good Faith When Applying for Well-Known Status for Trademarks

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

Starting from September 1, 2021, both applicants and their trademark agents or agency will need to sign and seal a Letter of Commitment for the Good Faith of the Parties Requesting the Protection of Well-Known Trademarks (当事人请求驰名商标保护诚信承诺书) when requesting well-known status for Chinese trademarks.  Well-known status for Chinese trademarks must be requested from the China National Intellectual Property Administration or certain courts and can be useful when squatters are attempting to register or have registered an applicant’s mark.