(By Luo Yanjie) In 2001, the globally known sportswear brand Adidas acquired a trademark certificate issued by the Trademark Office of the State Administration of Industry and Commerce (“SAIC”), namely a certificate numbered 1489454 for the “three slants” trademark, which was approved in Class 25 for clothing, ball shoes, hats, socks and other similar products; in addition, the certificate numbered 1536558 for the “three slants” trademark was approved in Class 18, which covers bags, clothing case, traveling bags and belts. On June 21 2003, Adidas transferred the trademarks to its affiliates.
As reported, Mr. Jiang Zengwei, the deputy minister of China Commerce Ministry, replied on the press conference on 13th, December that China will enhance the strength of the IPR infringement punishment from 6 aspects, including the completion on the civil evidence rule and increasing the penalty sum.
The specific measures include to research the revision on the criminal law for the strengthened deterrence with more scientific description on the crime; to draft the current effective measures into the judicial interpretation; to increase the penalty sum as times of the infringing products’ value; to complete the civil evidence rule; to research the increase on compensation; to research the application conditions for the great amount, serious consequence and serious circumstance in the criminal law for the more feasibility of the law.
—-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.