Guest Post: Well-Known Mark Recognitions in China – Part II

Posted on Categories Trademarks

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 …

Guest Post: Well-Known Mark Recognitions in China – Part I

Posted on Categories Trademarks

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’

Posted on Categories Case, Trademarks

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 Releases Interpretation of the Measures Regarding the Regulation of Patent Applications That May Prevent Some IP Holding Companies from Successfully Prosecuting Patent Applications

Posted on Categories New Law, Rule or Implementing Regulation, Patents

The China National Intellectual Property Administration (CNIPA) released the “Measures Regarding the Regulation of Patent Applications” (关于规范申请专利行为的办法) on March 11, 2021.  China is continuing the transition from quantity to quality in patent applications and one method is to reject ‘abnormal’ or ‘irregular’ patent applications as defined in the Measures. These measures and the concurrent elimination of monetary incentives for patent filings should decrease the total number of applications filed in China as quality increases.  CNIPA itself is budgeting a potential …