This is the second guest post in a 4-part series regarding Chinese well-known trademarks by Yan Zhang, Feifei Bian & Austin Chang of Beijing East IP. The first part is available here. Previously, we shared our insights on how to secure well-known mark recognitions in China and its benefits. In the next few articles, we will be sharing cases with analysis on how the courts apply well-known mark recognitions to various facts. 1. “Cisco in Chinese” v. “SIKE and SI KE …
Category: Trademarks
Guest Post: Well-Known Mark Recognitions in China – Part I
This is the first guest post in a 4-part series regarding well-known marks in China from Beijing East IP authors Yan Zhang, Feifei Bian & Austin Chang. Securing well-known mark (WKM) recognitions in China can give a broader protection to brand owners in both administrative and judicial disputes. block bad faith trademark filings from registration and invalidate trademarks registered in bad faith in particular cases. WKM recognition can also provide a strong basis for determining trademark infringement and awarding damages. In …
Suspended Prison Sentences, Fine and Civil Compensation for Infringement of Chinese Trademark ‘STIHL’
According to an report in 宁波日报, an unnamed Ningbo company infringed Andreas Stihl AG & Co. KG’s Chinese trademark for ‘STIHL’ by manufacturing over 19,000 chain saws worth 225,000 RMB (about $34,000 USD) bearing the STIHL trademark without authorization. On April 9, 2021, the Yuyao Court, where the case was heard, sentenced the Ningbo company to a 120,000 RMB fine and imposed additional 80,000 RMB to 120,000 RMB fines on three defendants. The three defendants were also sentenced from two …
China’s State Administration for Market Regulation Releases 2021 Legislative Work Plan
On April 1, 2021, China State Administration for Market Regulation (SAMR) released the 2021 legislative work plan (国家市场监督管理总局2021年立法工作计划), with 8 of the 61 matters related to intellectual property law. The 8 cover patent, trademark and trade secret matters including laws and administrative regulations and departmental rules.