In preparation for the upcoming Olympics, on July 8, 2021, the China National Intellectual Property Administration (CNIPA), in accordance with the relevant provisions of the “Regulations on the Protection of Olympic Symbols,” announced the protection of the “Olympic Five Rings Logo” and other symbols submitted by the International Olympic Committee in accordance with the law. The International Olympic Committee shall enjoy the exclusive rights to the above-mentioned symbols from the date of announcement for 10 years. Similarly, the “International Paralympic …
Category: Trademarks
Tackling Bad Faith Trademark Applications or Registrations in China
by Yan Zhang, Miao Tian, Austin Chang and Aaron Wininger In order to reduce trademark squatting, the Chinese Trademark Law of China (2019 Version) (“Trademark Law 2019”) introduced an intent to use requirement as well as a good faith requirement. As will be discussed further below, recent Chinese court cases show that the introductions did in fact provide newly effective means to challenge squatters. Overview of the relevant articles in the Trademark Law 2019 The relevant articles of the Trademark …
USPTO Threatens Sanctions Against Chinese IP Firm For Providing False Information in Over 8,000 U.S. Trademark Applications
Update: The USPTO has extended the deadline for Huanyee to respond to July 6, 2021. Once the parties respond to the order, the USPTO will determine whether to proceed with the sanctions identified in the order. The response, if any, may provide additional explanation or evidence that was not available to the USPTO when the initial investigation was made, and therefore, the show cause order should not be read as a final determination. On June 8, 2021, the United States …
L’Occitane’s 9 Million RMB Award for Trademark Infringement in China Affirmed on Appeal
On June 7, 2021, the Zhejiang Higher People’s Court announced it has affirmed an award of 9 Million RMB ($1.4 Million USD) and an injunction to L’Occitane for trademark infringement and unfair competition. L’Occitane had earlier sued Zhejiang Junda Biotechnology Development Co., Ltd. (浙江君大生物科技发展有限公司) and Guangzhou Ailian Cosmetics Co., Ltd. (广州市爱莲化妆品有限公司) for the sale of Andorheal Fragrance Body Lotion in a bottle similar to L’Occitane’s Cherry Blossom Shimmered Lotion as well as the use of L’Occitane’s cherry blossom trademark.