Publications / Attorney Publications

  • Major Points of the Draft China Trademark Law Amendments (2023)

    2023-02-03
    Major Points of the Draft China Trademark Law Amendments (2023) by Yan Zhang, Miao Tian, & Austin Chang China Trademark Law, enacted in 1982, has been amended four times (1993, 2001, 2013, and 2019). Yet there are still issues of bad faith trademark applications, redundant and repeated registrations, improper use and abuse of trademark rights, etc. in trademark practice. On 13 January 2023...

  • CNIPA’s Amended Trademark Examination and Adjudication Guideline on Article 4 of the Chinese Trademark Law regarding bad faith filing without an intent to use the trademark

    2021-12-08
    CNIPA’s Amended Trademark Examination and Adjudication Guideline on Article 4 of the Chinese Trademark Law regarding bad faith filing without an intent to use the trademark  by Yan Zhang & Austin Chang Bad faith trademark filings have been one of the most notorious pains for rights holders in the PRC and worldwide. The amended Chinese Trademark Law 2019 (“Trademark Law 2019”) was adopted w...

  • Protection of Chinese Equivalents of Foreign Trademarks

    2021-10-15
    Tackling Bad Faith Trademark Applications or Registrations in China – Part IV by Yan Zhang & Austin Chang When an oversea brand enters Chinese market, selecting a Chinese equivalent of the oversea brand is crucial because native Chinese pronounce and remember the Chinese language much easier than any foreign language. This is precisely why nearly all famous international brands have and us...

  • Tackling Bad Faith Trademark Applications or Registrations in China – Part IV

    2021-10-14
    Tackling Bad Faith Trademark Applications or Registrations in China – Part IV by Yan Zhang, Miao Tian & Austin Chang In the last part of this series, we will share cases and our suggestions on two issues, one is the impact on bad faith assessment in the event of later trademark assignment, the other is the necessity to assess bad faith if the right holder’s interests have already bee...

  • Tackling Bad Faith Trademark Applications or Registrations in China – Part III

    2021-09-09
    Tackling Bad Faith Trademark Applications or Registrations in China – Part III by Yan Zhang, Miao Tian & Austin Chang Previously, we shared our insights on the application of bad faith clause with exemplary cases. This time, we are going to share cases to show how we identify the bad faith and how we present the evidence to convince the CNIPA and the courts to achieve favorable outcomes! 1...

  • Tackling Bad Faith Trademark Applications or Registrations in China – Part II

    2021-06-30
    Tackling Bad Faith Trademark Applications or Registrations in China – Part II by Yan Zhang, Miao Tian & Austin Chang Previously, we shared the relevant stipulations regarding bad faith trademarks applications or registrations in the China Trademark Law 2019 (“Trademark Law 2019”), our insights on the required factors when applying bad faith stipulations, and the current trend and practices...

  • Tackling Bad Faith Trademark Applications or Registrations in China – Part I

    2021-06-04
    Tackling Bad Faith Trademark Applications or Registrations in China – Part I by Yan Zhang, Miao Tian & Austin Chang In this series, we are going to share our insights on how to best deal with bad faith trademark applications, a constant headache for foreign brand owners due to China’s first-to-file system. We will begin with the relevant stipulations in the Chinese Trademark Law of China (...

  • Well-Known Mark Recognitions in China – Part IV

    2021-04-27
    Well-Known Mark Recognitions in China – Part IV by Yan Zhang, Feifei Bian & Austin Chang In Part III of this series, we selected our representative cases to further illustrate how the courts apply well-known mark recognition and extend the scope of protection for a well-known mark. In Part IV, the finale of our well-known mark recognition in China, we would like to share with you our insig...

  • Well-Known Mark Recognitions in China – Part III

    2021-03-18
    Well-Known Mark Recognitions in China – Part III by Yan Zhang, Feifei Bian & Austin Chang In Part II of this series, we shared our representative cases on how to apply the concept of anti-dilution for the protection of a well-known trademark in administrative trademark litigations. In Part III, we selected our representative cases to further illustrate how the courts apply well-known mark ...

  • Well-Known Mark Recognitions in China – Part II

    2021-03-01
    Well-Known Mark Recognitions in China – Part II by Yan Zhang, Feifei Bian & Austin Chang 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 in Chinese” Foshan...
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