05

2023-07

The court ruled that "Bai Xiao T" is a product name with a certain influence - Zhongbei helps enterprises successfully protect their rights

Introduction: "Product name with certain influence" is a right stipulated in the first item of Article 6 of the current "Anti-Unfair Competition Law". Before the revision of the law in 2017, it was called "well-known trademark name". In theory and practice, corresponding to this name is the generic name of the product, which can be freely used by anyone. Therefore, once it is identified as a "product name with certain influence", the right holder has the right to prohibit others from using the same or similar mark without authorization. Recently, the Chaoan District People's Court of Chaozhou City, Guangdong Province, ruled that Thumb Wardrobe (Zhejiang) Clothing Technology Co., Ltd. used

05

2023-07

Highlights of Intellectual Property Rights from the Huawei Trademark Infringement Case

If you see these two pictures, what is the first thing that comes to mind? (Image source: Internet) (Image source: Internet) ............... ............... Did you think of Huawei? Huawei's logo? Aren't these two logos Huawei's trademarks? .............................................................................. Same as above

05

2023-07

China National Intellectual Property Administration: Continuously improving patent examination standards in new fields and formats such as big data, artificial intelligence, and gene technology

At 10:00 am on April 24, the State Council Information Office held a press conference. Shen Changyu, director of the State Intellectual Property Office, stated that the work of coordinating and promoting the revision and formulation of various intellectual property laws, regulations, and rules is underway. Firstly, efforts will be made to accelerate the completion of the revision of the Patent Law Implementation Rules, promote the implementation of newly revised content such as open patent licensing, substantive examination of utility models with obvious inventiveness, and substantive examination of designs with obvious differences, actively promote the reform of the utility model system, and improve examination and management after China's accession to the Hague Agreement, fully integrating into the global design system. Secondly, the revision of the Trademark Law will be accelerated, focusing on addressing issues such as malicious registration and hoarding of trademarks.

05

2023-07

How can a principal deal with trademark squatting by an agent in business?

Article 15 of the Trademark Law stipulates that if an agent or representative registers a trademark of the principal or represented party in their own name without authorization, and the principal or represented party objects, the registration will not be granted and the use will be prohibited. If a trademark applied for registration for the same or similar goods is identical or similar to an unregistered trademark used by another party prior to the application, and the applicant has a contractual, business, or other relationship with the other party other than those stipulated in the preceding paragraph, and is aware of the existence of the other party's trademark, and the other party objects, the registration will not be granted. In commercial practice, especially in international business dealings, it is common for agents or representatives (hereinafter referred to as "agents") to register trademarks of the principal or represented party (hereinafter referred to as "principal") in their own names without authorization. In Chinese judicial practice, the vast majority of cases applying Article 15, paragraph 1 of the Trademark Law are disputes caused by goods crossing borders but trademark registration failing to cross borders. The reason for these disputes is that the principal's trademark has not been applied for registration in the jurisdiction where the agent is selling the goods. How to protect the trademark rights of the principal should be taken seriously by the principal. In reality, when a principal's products want to quickly enter foreign markets outside their home country, they often choose a distributor franchise model at the beginning, because in the principal's view, distributors in other countries are more familiar with the local market, have mature marketing advantages and established consumer groups. This agency model can quickly promote and integrate the principal's products and brands into the local market. At that time, the principal only applied for trademark registration in the home country, ignoring the provision that trademark protection is subject to geographical limitations, and the exclusive right to use the trademark obtained in the home country does not automatically extend to other countries outside the home country. The agency relationship should be a special legal relationship with dependence, and the agent owes the principal special duties of loyalty and diligence, and should perform their duties diligently and act in accordance with the principle of maximizing the interests of the principal. However, in fact, agents often register the principal's trademarks, so the principal itself needs to do a good job in trademark protection, and apply for trademark registration before the products enter other countries outside the home country, to prevent agents from registering trademarks during cooperation from the source. If a dispute arises over an agent registering a trademark, the principal can maintain its trademark rights by collecting and organizing the following evidence: 1. The principal can provide evidence of its application, registration, or use of the trademark in its own name in its home country to prove ownership. 2. The principal determines the ownership of the trademark rights through prior use or agreement with the agent. 3. The authorization agency (distribution) agreement issued by the principal to the agent. 4. Business correspondence between the principal and the agent, product supply and sales contracts, customs clearance lists, express delivery documents, etc. In short, doing a good job in trademark layout in advance and applying for trademark registration in time is the best way to deal with squatting. If timely application for registration is not done, then preserving evidence of trademark use and business documents with the agent is a favorable support for trademark squatting disputes.

05

2023-07

Progress of Zhongbei Rights Protection

On the afternoon of March 28, 2023, Zhongbei dispatched lawyer Li Ting and her assistant Song Yu to present a banner reading "Impartial Law Enforcement, Dedicated Performance of Duties" to the Houshayushu Office of the Shunyi District Market Supervision and Administration Bureau in Beijing. This was to express gratitude for their proactive efforts in serving the public, protecting the legitimate rights and interests of enterprises, and cracking down on unfair competition and infringement. Established in 1992, Zhongbei was one of the first trademark agencies designated by the State Administration for Industry and Commerce. After more than 30 years of development, Zhongbei now includes four companies: Beijing Century Ocean Intellectual Property Agency Co., Ltd., Beijing Zhongzhi Fuyuan Intellectual Property Agency Co., Ltd., and Beijing Beishang Law Firm.

05

2023-07

Zhongbei Intellectual Property was rated as a "AAA" level intellectual property service agency

On March 31, 2023, the Capital Intellectual Property Service Industry Association announced the results of the 2022 intellectual property service agency rating, and Beijing Zhongbei Intellectual Property Agency Co., Ltd. was awarded the "AAA" grade intellectual property service agency.