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.
Category: Trademarks
Elite Model Look Wins Trademark Victory in Shanghai
On August 26, 2021, the Shanghai Intellectual Property Court announced a ruling on appeal in favor of Elite Licensing Company SA in a trademark infringement case. Elite is the owner and licensor of trademarks including and. Xingkong Fashion Culture Communication (Shanghai) Co., Ltd. and Chongqing Xingyuan Culture Media Co., Ltd. held “elite model” competitions in 2016 and 2017, which infringed Elite’s trademarks. The Court of first instance issued an injunction and damages of 3.5 million RMB and expenses 122,302 RMB …
Suspended Prison Sentence in Shanghai for Criminal Trademark Infringement For Repackaging of Authentic Ferrero Rocher Chocolates
On August 19, 2021, the Shanghai Third Intermediate Court released a ruling on Weibo holding that the repackaging of authentic Ferrero Rocher chocolates that included printing of Ferrero Rocher labels without authorization is criminal trademark infringement. The defendant Liu procured high-count boxes of chocolates with low unit prices (e.g., 96 count) and repackaged the chocolates into smaller count boxes having higher unit prices (e.g., 8 count). While the chocolates themselves were authentic, Liu hired others to manufacture Ferrero Rocher packaging …
China’s State Administration for Market Regulation to Establish List of Untrustworthy Entities That Have Intentionally Infringed Intellectual Property
Per Order of the State Administration of Market Regulation No. 44 entitled Measures for the Administration of Lists of Serious Illegal and Dishonest Acts Subject to Market Regulation (市场监督管理严重违法失信名单管理办法), effective September 1, 2021, China’s State Administration for Market Regulation (SAMR) will establish a list of untrustworthy entities that have intentionally infringed intellectual property , misappropriated trade secrets, committed unfair competition (frequently a cause of action in trademark infringement cases), filed abnormal (irregular) patent applications, maliciously submitted trademark applications (e.g., for …