Category Archives: Registration

Why Starbucks Lost in Trademark Objection Adjudication in China?

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According to the news from local media in China, Starbucks Corporation (NASDAQ: SBUX) recently filed a lawsuit against the Trademark Review and Adjudication Board (the “Board”), for it was refused by the Board for the application of the review of 沙巴克 (which is similar to the Chinese translation of Starbucks 星巴克 in Chinese) trademark application on mineral water products(沙巴克is similar to the translation of Starbucks 星巴克 in Chinese). 沙巴克 was applied by an individual  on 16th July of 2003 on the mineral water beverage, which in Starbucks Corporation’s opinion shall constitute the similarity of identity of its local trademark of 星巴克, and therefore, Starbucks Corporation filed a trademark review to the Board and also applied a official establishment of the well-known trademark of 星巴克 in the field of Café, Café operation & service and coffee beverage.(the image above is the Starbucks café and the poster of the World of Legend)

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Could There Be Any Improvement on Facebook’s Trademark Application Strategy in China?

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The Name on the Notorious List Could Also be the Well-known Trademark in China

Analysis on the Establishment of Well-known Trademark of Silk (秀水)

Recently, China Trademark Office, a branch of State Administration of Industry and Commerce announced the list of newly established well-known trademark of 2011, and the mark of Silk(“秀水” read as Xiu Shui or known as Silk)applied by Beijing Silk Street Market Co., Ltd (the “Silk Company”) was on it. Therefore the mark Silk gains the highest domestic trademark honor. Silk Company, the owner of the trademark stated on its official Weibo (twitter like website in China) account that “it is another milestone on the road of intellectual property autonomous development of Silk Market, and that will boost the development of brands of Silk Market based on the Silk mark.

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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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China Trademark Application Examination Period Decreased to 10 Months

As reported by Xinhua.com, it was released on the China Industry and Commerce Administration Conference on 26th, December, 2011 that the trademark examination period is further shortened to the current 10 months calculating from the documents submitting to the examination due, and on the other hand, the trademark opposition and dispute hearing could be finished within 18 months, which has reached the level of U.S.A and Japan.

For the rapid development in the economy, the trademark application in China surpassed the annual examinable amount around 2000, which then led to the overstock. And the examination period was prolonged to more than 3 years by the end of 2007. On that account, the administration took series measures to promote the process, and consequently, the examination period was reduced to less than 1 year by the end of 2010.

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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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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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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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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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More Attention on Brand Protection in West China

Highlights: To introduce the brand protection system in China, involving protection on registered trademark, well-known trademark regulated in Trademark Law as well as on noted trademark, famous trademark and top brand provided in local regulations.

According to Chinese media, Lanzhou Administration for Industry & Commerce in Gansu Province of West China launched the first noted trademark selection from August, 2011, and anyone owning registered trademark, whether an individual, corporation or other organizations, may participate in the selection. The report also says the noted trademark system in Lanzhou will be gradually established for more Gansu famous trademarks and China well-known trademarks in the city. Such news shows that more and more attention is being paid to brand construction and intellectual property protection in the relatively less-developed western region of China.

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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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