Category Archives: Trademark

Coca Cola Gets the Preliminary Win in the Case of “Qoo” against “Ku Wawa” in China

It was reported by  the Beijing News and Legal Evening Paper that the Beijing First Intermediate People’s Court (“Court”) has sentenced the case Coca Cola charging the infringement of the trademark “Ku Wawa” registered in the against Coca Cola’s copyright of designed trademark “Qoo”, judging that the Trademark Review and Adjudication shall rescind its approval for trademark registration of “Ku Wawa” and make a new decision.

The Court held that the trademark “Ku Wawa” bore no material similarity with  the trademark “Qoo”, which however was registered by Coca Cola in 2001, and for this reason “Ku Wawa” shall not infringe the copyright of “Qoo”. On the other hand, although the registered products of beer of “Ku Wawa” is different from the beverage of “Qoo”, they actually relate in consumers and marketing approaches. Accordingly, the Court decided the trademark “Ku Wawa” constitutes a similar trademark used in the similar products, which could be trademark infringement, and demanded the Trademark Review and Adjudication Board cancel “Ku Wawa” and make a new decision.

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Could the Unregistered Trademark be Legally Protected in China？

We  have been consulted for many similar cases this year, and most involving the operational difficulties or brand dilemmas that  foreign companies face due to trademark squatting. These unregistered trademarks could also be legally protected in certain situations, though normally the trademarks shall be first administratively approved for legal registration. Today, Bridge IP Law Commentary will introduce to you the matters related to unregistered trademarks.

I. The reputed unregistered trademark

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Matters for Attention in Trademark Refusal Review in China

It is reported that the British Lotus who will adopt “路特斯”, the transliteration of Lotus in Chinese, as its local brand in China due to a Chinese domestic company first registered the trademark of “Youth Lotus”. It’s also mentioned in the report that British lotus lost the trademark though it should have the chance to get it through the trademark refusal review. Today, Bridge IP Law Commentary will introduce you the system of review on the trademark refusal in China.

As regulated in the Article 32 of China trademark law:

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How to Apply for the Trademark Record in China Custom

Highlight: You could get to know the effective way of combating infringing product by trademark record in China custom in today’s post.

As reported by xinhuanet.com, the first instance of the knockoff brand product case with the biggest amount involved in recent was heard. The suspect of the case purchased the knockoff LV, Adidas, LACOSTE and other brand products for export, afterwards the knockoffs were detained for the suspicious infringement basing on the recorded trademark by the customhouse after the inspection, and finally the products were appraised fake with the market value of more than 230 million yuan.

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The Easy Way to Reduce the Cost of International Trademark Application

—on the Madrid trademark registration in China

Highlight: the essay focuses on the advantage of the Madrid International Registration of Trademark and its application in China.

Recently, the symposiums on the effective trademark registration in Madrid System have been held by WIPO in several cities in China (related news 1 & 2). The System could provide the applicant, including the foreign investors in China, a cost effective and efficient way for trademark registration. Bridge IP Commentary today will show you the way to file the application under the system in China.

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McDonald’s Lost the First Instance of the Trademark Administrative Lawsuit against Wonderful

We once reported the administrative refusal on Mcdonald’s opposition on Wonderful’s trademark (the W trademark) which is similar to Mcdonald’s “M” trademark (you may check the details in How Could McDonald’s Beat Free Rider of Trademark in China?). After that, Mcdonald’s initiated the administrative lawsuit on the refusal.

According to Beijing Morning Post’s report on 10th December, Beijing First Intermediate People’s Court judged on the first instance of the administrative lawsuit, refusing the claims of Mcdonald’s.

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Common Problems Concerning the Notarization of Internet Evidences in China

Recently, Judge Gao Fei, from Dongcheng District People’s Court in Beijing, has published an article on the China Press and Publishing Journal, discussing the relevant problems of the electronic evidences of network copyright in China. The article analyzes the four main problems in the evidence preservation of network copyright infringement disputes due to the evidence being intangible and easy to be modified, and it also gives the solution. Bridge IP Law Commentary today will introduce you our interpretation on the article.

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According to China Court’s First Instance Judgement, Apple Loses the iPad Trademark

According to the latest news, Shenzhen Media People’s Court judged on the iPad trademark conflict between Apple Inc (the “Apple”) and Proview Technology (Shenzhen) Co., Ltd. (the “Proview”), and Apple’s claim of Proview’s infringement against its trademark was rejected. That means the ownership of iPad trademark in China still belongs to Proview.

For this case, Bridge IP Law Commentary has expressed our opinions and analysis in the No “iPad” Chinese trademark right for Apple after payment in the transaction. And we anticipate that Apple may appeal to the higher court, while the case may end up in the consequence that Apple shall lose iPad trademark in mainland China shall the higher court maintained the judgment.

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The Actual Term of Trademark Registration in China

The brief introduction on the registration process of trademark in China

Bridge IP Law Commentary is frequently asked to introduce the process of the trademark application in China and the time it may take. Actually, the trademark registration is a harsh job here 5 years ago, for the administrative examination and approval could take as long as 3 years due to the imbalance between the rocketing applicaton amount and the low efficiencty of the trademark office in China. Luckily, it has been greatly improved, and 10 months is enough for going through the process. Today, Bridge IP Law Commentary will introduce you the standard process of the China trademark registration:

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Attention matters on Registration of Game Trademark in China

With the development of Internet, the video game once again gains the popularity. For instance, the well known “Angry Bird” has enjoyed a global download volume of more than 500 million times, and the name of it has been widely known as a brand. Therefore, more and more game companies choose to register the game name as trademarks in order to protect their brands. And the followings are the tips from Bridge IP Law Commentary in trademark registration:

I. What kind of game names can be registered as trademarks? 

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Introduction of China’s Legal System of Trademark Renewal

 Highlight: The first registered trademarks after the promulgation of the trademark law in 1982 will be in the renewal period soon, and most of such trademarks now are owned by foreign invested companies. In this essay, Bridge IP Law Commentary will give our advice and analysis on the trademark renewal.

The system of trademark application was first carried out in China in 1982 with the promulgation of the Trademark Law, by which the period of validity of a trademark registered in China is ten years from the day of approval and can be renewed, otherwise it will be cancelled. Therefore, most first registered trademarks are coming into the renewal period in 2012 or 2013, and among which the trademarks registered by foreign invested companies occupy a higher proportion due to the weak awareness of the trademark of Chinese enterprises then. For this reason, we would like to remind foreign clients to apply for trademark renewal timely during the renewal period and the grace period. Today, our website will introduce and analyze China’s legal system of trademark renewal.

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Will Daily Deal Website Lashou Lost its domain name for trademark infringement?

Highlight: Lashou.com. a well-known daily deal website in China, says that the trademark of “拉手(Chinese pronunciation: lashou)”and“拉手团购(Chinese pronunciation: lashou tuangou)”have not be registered. For this, Bridge IPR Commentary made the retrieval and also put forward our advice.

It’s reported that Lashou.com is not approved for it’s application of the trademark “拉手”and“拉手团购”for their similarity to the registered ones, thus may bring Lashou.com the trademark conflict and the risk of losing its domain name www.lashou.com. If the reported facts do exist, the market of Lashou.com and its operating company Beijing Lashou Internet Technology Co., Ltd (hereinafter called as “Lashou Company”) may be influenced hereby, and even its IPO could be delayed.

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Introduction on the Regulations concerning the Capital Contribution in IPR or Domain Name in China

Highlight: The contribution of capital in IPR or domain name is permitted by China Company Law, though there regulates the proportion limitation on it. Bridge IP Commentary will introduce you the regulations of the investment in IPR.

Recently, a Company registered in Shanghai made its contribution of the 70% of the total registered capital of the company with domain name, which has been evaluated to be RMB 10 million yuan, and it has been the first company which made its capital contribution in domain name.

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Blizzard, Valve or Others, Who will get DOTA Trademark in China?

—Analysis of DOTA (the Defense of the Ancient) Trademark Dispute 

Highlight: Recently Blizzard voiced its concern over Valve’s attempt to trademark DOTA, a popular map of Warcraft III. Could Valve register the trademark, and what measures could Blizzard take to against Valve’s attempt? Bridge IP Commentary will give you our analysis. 

DOTA is the only officially recognized Warcraft RPG map by Blizzard Entertainment, who is furious about Valve’s attempt to trademark DOTA. “To us, that means that you’re really taking it away from the Blizzard and Warcraft III community and that just doesn’t seem the right thing to do” as commented by Rob Pardo from Blizzard.

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No “iPad” Chinese trademark right for Apple after payment in the transaction, and our analysis.

—-the Key points to the trademark transaction under the frame of China laws

Highlight:Apple gets involved in the litigation against a Chinese company for the ownership of iPad trademark, which Apple has claimed the property from purchase. However, such conflict could be averted if proper preparation has been done before the trademark transaction.

Recently, the trademark conflict over “iPad” initiated by Apple Inc. (NASDAQ:AAPL, the “Apple”) against Proview Technology (Shenzhen) Co., Ltd. (the “Proview”) was heard for the third time on Shenzhen Intermediate Court. In the trial, Apple affirmed it owns the global trademark right of “iPad”, which was stroke back by Proview that such right in mainland China is exclusively held by Proview and the claimed transaction of Apple for the acquisition of such right has no permission or authorization from it, furthermore, Apple was also accused of its malicious purchase of the registered “iPad” behind the IP Application Development Company worldwide.

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