Category Archives: Protection

Techweb: iPhone 4s Launches in China Next Month, Siri Maintained

The China edition iPhone 4S will be put on sale on 6th, January with Siri maintained, as stated in Weibo by Techweb, a Chinese IT media. The price of the device will be the same as the that of iPhone 4 when put on sale, 4999 yuan ($ 792) of the device only and 5880 yuan ($932) of the contract price, which has the contract of 2 years or 3 years. And one thing shall be noticeable that the Siri is maintained.

Previously, as rumor says, Siri is most likely to be deleted for the smart search service may touch the deadline of politics in China, and that was heatedly discussed in China.

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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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The Officer of U.S. Consulate Visited Bridge IP Law Commentary

On 20th December, Mr. Steven Duke （杜史文）, Vice Consul of U.S.A, visited DeBund Law Offices/Bridge IP Law Commentary for the survey on the IPR protection in China.

On the meeting with the Consul, Mr. You Yunting introduced the IPR protection in China and replied the questions interested by the visitor, which mainly include the national treatment of foreign companies in IPR dispute settlement, the destroy of knockoff model through judicial way, the copyright of video-sharing programs, the transaction and transfer of patent, the protection of trade secret and the development of IPR judge and lawyers in China.

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What Has The UGG Trademark Application in China Told us?

—How to Comprehensively Protect Application for Famous Brands’ Trademarks

Recently some Chinese media have reported that many B2C websites such as 360buy are selling the alleged knockoff UGG snow boots. The Deckers Outdoor Corporation (the “Deckers”), the manufacturer of UGG Australia, claims its exclusive ownership of the UGG trademark and those boots promoted and sold in the name of UGG but without its license are counterfeits. In today’s post, Bridge IP Law Commentary would analyze the dispute of UGG trademark by relevant China laws and regulations.

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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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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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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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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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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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Malicious Squatting of Trademarks in China Will Be Curbed

                                —Comment I on the revision of China Trademark Law 

Highlights: The Comment One on the draft of China Trademark Law amendment. The new regulation expands the scope of malicious squatting of trademarks and the protection on well-known ones, while it still leaves an ambiguous space for application.

The draft of China Trademark Law amendment (the “Draft”) is issued by the Legislative Office of State Council (LAO), a working body to the State Council assisting the Premier in handling legislative affairs and other legal affairs, for the public comments. After study on the draft, Bridge IP Commentary will make series analysis on it.

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China Begins to Try Out Intellectual Property Pledge System

Highlight：China’s new policy on intellectual property pledge，which will help startup firms in technology or creative industries but increase the risks for the banks.

For more innovation and settlement on fund shortages with startups in the technology and creation industry, the Guidance on Financial Support on Revitalization and Development of Culture Industry was issued on 19th March, 2010, by which the collaboration is established between the government of China and more loans to support with company culture is also demanded.

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Trademark or Company Name, Which One is on Priority in China?

Highlight: To introduce the laws and regulations concerning the conflict between trademark and company names in China and matters in need of attention regarding foreign companies applying for in trademarks.

Case study: Beijing Baoma (北京宝马), the company of BMW Group’s first agent in mainland China and the first one translated BMW to the current popular Chinese name Baoma (宝马), which means speeding horse and has become a vivid symbol of their vehicles, was demanded to change its name by BMW Group, under the pressure that even more the parties may get litigated against each other.

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