China’s National Intellectual Property Administration (CNIPA) released the Guidelines for Trademark Examination and Trial (商标审查审理指南) on November 22, 2021, effective January 1, 2022. The Guidelines, which are somewhat analogous to the U.S. Patent & Trademark Office’s (USPTO’s) Trademark Manual of Examining Procedure, explains the Trademark Law’s Article 4, which states, in part, “malicious trademark registration applications that are not intended for use shall be rejected” by providing 10 factors to identify malicious applications. These new Guidelines and other measures, such …
Category: Trademarks
4.5-Year Prison Sentence Upheld for Counterfeiting 3M Masks in China
On November 19, 2021, the Shanghai No. 3 Intermediate People’s Court announced the affirmance of prison sentences for defendants that counterfeiting 3M and Dasheng (大胜) masks. Seven defendants were sentenced to imprisonment ranging from one year to four years and six months for the crime of counterfeiting registered trademarks, and fines were imposed ranging from RMB 30,000 to RMB 1.2 million (~$188 thousand USD).
China’s Sanya City Issues New Patent Subsidy Measures Despite CNIPA’s Push to End Them
On November 8, 2021, the city of Sanya in Hainan publicized the new Sanya City Intellectual Property Funding Management Measures (三亚市知识产权资助金管理办法) effective December 1, 2021. This is despite the China National Intellectual Property Administration‘s (CNIPA) push to end all patent subsidies by 2025 as announced in the Notice of the CNIPA on Further Strictly Regulating Patent Application Behavior. Sanya will grant up to 300,000 RMB (~47 thousand USD) for trademarks and up to 500,000 RMB for patents.
China Sentences Shoe Polish Counterfeiters to Up To 3 Years in Prison in Criminal Trademark Case
According to an announcement from the Shanghai Pudong New Area People’s Court on October 28, 2021, Judges Wu Zhiyong, head of the Intellectual Property Tribunal of Shanghai Pudong New Area People’s Court and Judges Ni Hongxia and Wang Xiao conducted a public trial resulting in the sentencing of defendant Ding and four others to imprisonment ranging from one year seven month to three years for the crime of counterfeiting registered trademarks for KIWI shoe polish. The Court also fined the …