Another iPad Like Battle for WeChat (微信) Trademark Dispute?

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 (By Albert Chen) In yesterday’s post, we analyzed why Tencent would confront with the trademark squatting, and mainly blamed it for the defect on the internal management. Today, we would continue our discussion, and share our opinions on how could Tencent take back or stop the first application by others.

Before the end of this year, no one would oppose “iPad battle” shall be the trademark dispute of the year, and yet with the breaking out of conflict on the trademark of “微信”, a LBS software from Tencent Inc. (the “Tencent”) and its English name is WeChat, that affirmation would be challenged.

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Could Bolt’s Portrait be Used in Trademark?

By Albert Chen

The fastest man Usain Bolt continued his legend in London Olympics by claiming 3 gold medals, accompany with his record, Bolt’s celebration gesture also impresses the spectators. But in recent, a company from China’s Liaoning Province (the “Liaoning Company”) applied sprinter’s celebration gesture as his trademark.

The trademark applied by Liaoning Company is the combination of a black sportsman in yellow jersey and Bolt’s iconic victory gesture on the left half, and the Chinese character of “Real Hero” on the right side (the “Real Hero trademark”). There are three classes have been applied this time, among which the application in Class 43 has been rejected for others’ first registration, the application in Class 25 was approved and that in Class 28 is facing the opposition from Bolt’s team.

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DOTA: Which Trademark Classes Shall Apply for Online Game in China?

By Albert Chen

By the local news report in China, at the settlement of the dispute between Blizzard and Valve on the DOTA trademark (Please CLICK HERE for our past post on it), a new battle over “DOTA” has begun. A local registered company in Shandong Province in East China recently lettered to online shopping website like Taobao.com, claiming it has full right to use the trademark of “DOTA” in class 25, which covering clothes, shoes and hats. Also, the company presented the certificate to the trademark right with the letter. Therefore, the company accused the websites the infringement for selling the clothes with DOTA marked on it. For the news, we retrieved the database of Trademark Office of PRC, and by the check, the trademark does belong to Wang Yongbao, the name indicated on the certificate, while it remains unknown through which methods does the company get the license to use the trademark from Wang. Meanwhile, it also comes to our attention that, in addition to Wang, the trademark of DOTA has been registered under other individuals or units’ name in different classes, involving Zheng Miao in Class6 and Ningbo Jiangbei District Dong Tai Clothing Co., Ltd., in Class 26, etc.

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

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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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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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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