Weekly China Trademark News Updates

December 7, 2022

1. CNIPA issued an announcement regarding trademark agencies re-registration

On December 2, 2022, the CNIPA issued an announcement regarding the re-registration of trademark agencies, aiming to ensure that trademark agencies and practitioners practice lawfully, strengthen the supervision of trademark agencies and practitioners, and standardize the order of the trademark agency industry. According to the announcement, trademark agencies that have completed the registration with the Trademark Office of the CNIPA before November 30, 2022 (inclusive) shall submit a new registration application between January 1, 2023 and February 28, 2023. The CNIPA will complete the re-registration before March 31, 2023. After trademark agencies complete the re-registration, the registration is valid for three years. Trademark agencies should file new registration applications six months before the current registration expires if trademark agencies want to continue to engage in trademark agency business.

2. CNIPA rejected or invalidated trademarks such as “World Cup in Chinese” and “LAEEB in Chinese”

As the World Cup in Qatar is ongoing, the CNIPA attaches great importance to the protection of intellectual property rights for the World Cup, and resolutely cracks down on bad faith trademark squatting. A small number of companies and individuals filed trademarks applications in bad faith for hot words and signs such as “World Cup in Chinese,” names of famous football stars, World Cup mascots “LAEEB” and “LAEEB in Chinese” for the purpose of seeking improper benefits, which violated social and public interests. The CNIPA rejected 26 trademark applications including App. no. 66999855 “World Cup in Chinese” and App. no. 63803887 “LAEEB” citing Article 10(7) of the Chinese Trademark Law, and invalidated App. no. 63767652 “LAEEBS” citing Article 44(1) of the Chinese Trademark Law.

3. Crowne Plaza Hotel won a RMB 2 million verdict in compensation for trademark infringement

Six Continents Hotel, Inc. (“Six Continents”) is the registrant of the “Crowne Plaza Hotel in Chinese (‘Huang Guan Jia Ri Jiu Dian’)” trademark, “CROWNE PLAZA” trademark and other trademarks. Six Continents and its affiliates have authorized many hotels in China to use the said trademarks. Six Continents sued Hubei Jingli Engineering General Contracting Co., Ltd. Jingli Chuyue Hotel (“Chuyue Hotel”) and Hubei Jingli Engineering General Contracting Co., Ltd. for infringement of their registered trademark rights and unfair competition. The court found that Chuyue Hotel used the words “Jin Feng Huang Guan Hotel in Chinese Golden Phoenix Crown Plaza Hotel” on the stone tablet in front of the building, parking signs, doors, front desks, stair signs, toiletries, price lists, paper towels, business cards, etc.” and used “Golden Phoenix Crown Plaza Hotel” individually at the top of the door, use the words “Jin Feng Huang Guan” individually on the stairs signs, and use the words “Jin Feng Huang Guan Hotel” on the leaflets. The said “Jin Feng Huang Guan Hotel” mark includes the prominent part “Huang Guan” of the “Crowne Plaza Hotel in Chinese (‘Huang Guan Jia Ri Jiu Dian’)” trademark. The English “Crown Plaza” of “Golden Phoenix Crown Plaza Hotel” constitute similar to the “CROWNE PLAZA” mark. Both the accused infringing logo and the cited trademarks are used on hotel services, and it is difficult for the relevant public to judge the subtle differences in the overall logo with ordinary attention, which may easily lead consumers to misidentify the source of the service or believe that there is a specific relationship between the parties, such as licensing and affiliations. it is an act of infringing on the exclusive right to use the cited trademarks. Six Continents is engaged in hotel operation and licensing business, Chuyue Hotel is engaged in hotel operation business, and the two operators form a competitive relationship. The former name of Chuyue Hotel contained the words “Golden Phoenix Crown Hotel,” and the “crown” part is enough to cause others to mistakenly believe that there is a specific connection between Chuyue Hotel and Six Continents, such as licensed use, which constitutes an act of unfair competition. The court, upon comprehensively considered factors such as the popularity of the cited trademarks, the subject bad faith of the Chuyue Hotel, and the specific use of the accused infringing logo in the operation of Chuyue Hotel in determining that the amount of economic loss is RMB2 million (USD286,400), and the court supported notarization fee of RMB17,200 (USD2,463) and attorney fee of RMB100,000 (USD14,320).

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