Tag Archives: trademark registration

Apple Lost the Trademark Opposition against Red Apple Trademark after the Proceeding for 10 Years

According to the report of hc360.com (the news is in Chinese), Beijing High People’s Court adjudicated the final judgment on the trademark opposition filed by Apple Inc (Apple) against Zhejiang Red Apple Electronic Co., Ltd. (Zhejiang Red Apple) on 28th November, 2011, Ltd, rejecting Apple’s opposition on the defendant’s registered trademark in class 9 of CCTV monitor. Till then the proceeding of the case for 10 years is finally ended up.

Early in November of 2002, Zhejiang Red Apple’s application of red apple trademark was approved by China Trademark Office, and afterwards opposed by Apple, who demanded no approval for the mark, for the similarity between the red apple image and the first applied Apple trademark. Despite the opposition, the trademark office approved the application and issued the “Image Trademark Opposition Ajudication”, (2007) Trademark Yi Zi No. 3887 on 27th August, 2007.

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Legal Issues concerning Trademark during the Exhibition in China

In recent, more and more Chinese companies is developing their business outside China and thereby brings more chances for exhibition. Meanwhile, with the rapid economy development on China, the exhibition sponsored by China becomes more and more influential. Such exhibitions have become the key occasion for the release of new product and technology of the companies in China and abroad, which followed by many legal problems with the IPR matters are the most prominent ones. Bridge IP Law Commentary today will give our analysis on the issues related to the exhibition trademark.

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Matters for Attention in the Trademark Opposition

Recently, the Qiaodan Company (Qiaodan is the pronunciation of Michael Jordan’s name), a Chinese domestic sporting goods manufacturer, confronted trademark troubles on IPO in China, because Nike has opposed to 8 trademarks of Qiaodan, claiming that it might lead to the confusion with Nike’s “Air Jordan”. Nevertheless, such opposition was refused by China Trademark Office, and Nike filed no administration lawsuit afterwards.

The opposition filed by Nike to Qiaodan is based on the provision of the China trademark law:

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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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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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New Chinese Laws & Regulations of November, 2011 (1)

Today, Bridge IP Law Commentary will post you the latest China laws and regulations promulgated in November, and the following is the first part of the month:

1. The State Council of People’s Republic of China decides to start pilot VAT reform in Shanghai and a series of policies will be promulgated

On 16th November, 2011, the Ministry of Finance and the State Administration of Taxation issued the Experimental Plan of Transfer of Levy on Business Tax to VAT, and the Notice of Experiment of Transfer of Levy on Business Tax to VAT in the Transportation Industry and Part Modern Service Industries in Shanghai, which provide that the pilot of VAT replaces the existing business tax will be carried out in the transportation industry and part modern service industries in Shanghai from 1st January, 2012. Before that, with regarding to VAT, the Ministry of Finance and the State Administration of Taxation has issued the Notice on Return the Period-end Un-credited VAT Levied on the Purchase of Integrated Circuit Enterprises, and on the same day, the State Administration of Taxation issued the Announcement on the Adjustment of the Administration Measures of the Preferential Policy “Levy first and Return Immediately” for VAT.

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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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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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How Could McDonald’s Beat Free Rider of Trademark in China?

Highlights:This article introduces the case initiated by McDonald’s to protect its trademark right against malicious imitation and the related laws and regulations in China, also the legal suggestions from Bridge IP Commentary to McDonald’s in the case that to protect its right basing on the general vocabulary defined in the Trademark Law and the copyright of its trademark.


Recently, the McDonald’s (NYSE: MCD) administrative litigation against the imitation of its trademark by a Beijing company attracts the media’sattention. Several years ago, the trademark “wonderful and its graph” (hereinafter referred to trademark “W”)was registered by  the company in the State Administration of Industry and Commerce, and the registered ranges include restaurant, café, research and development, clothing design and so on. On finding the trade mark and the judgment of similarity with its “M”, McDonald’s then filed an opposition against the trademark to the Trademark Review and Adjudication Board(hereinafter referred to the Trademark Board) under the State Administration of Industry and Commerce for re-examination. The Trademark Board finally decides to cancel the registration of the trademark “W” in the field of restaurant, café, cocktail party service, hotel, bar, teahouse service, however, while to maintain the registration in clothing design and package design. Therefore, MacDonald filed an administrative litigation to the Beijing First Intermediate People’s Court to cancel the decision of the Trademark Board.

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The Rapid Development of Trademark Registration in Middle China

According to Henan Daily, data released by the Administration of Industry and Commerce in Henan, a province in middle China, shows that the amount of trademark registration has been rapidly increasing and the conscious awareness on trademarks have been enhancing also, though it still falls behind the more developed areas. Henan is located in middle China, the province with the second largest population in the country, having residents of more than 9.3 million at the end of 2007.

By June, 2011,118,000 trademarks had been effectively registered in Henan, up from 58,000 by the end of 2007.

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Can Apple Register iMessage trademark in China?

HIGHLIGHTS: Apple recently applied trademark registration for its “iMessage” in U.S., and no doubt such registration will also be conducted in China soon. Bridge IP Commentary will analyse the prospect for such registration in China and also introduce the related local trademark laws and regulations. 

It is reported that Apple (NSDQ: AAPL) filed three different trademark applications for “iMessage” with the USPTO recently. iMessage is Apple’s newly developed instant messaging software basing on mobile internet devices.

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