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, …
Category: Trademarks
China to Require Signing of Commitment of Good Faith When Applying for Well-Known Status for 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.
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 …