Blog
05
2023-07
Release Time:
2023-07-05
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
09
2023-02
Release Time:
2023-02-09
On January 29, 2023, the World Intellectual Property Organization (WIPO) released the theme for World Intellectual Property Day 2023: Women and Intellectual Property: Accelerating Innovation and Creativity. Today, women make up nearly half of the world's population (49.58%). While women around the world are using their intelligence to create and change the world, they also encounter more difficulties and challenges in this process. To encourage more female creators and innovators, it is particularly important to enable women to benefit more from the intellectual property system, integrate women into the intellectual property system, and accelerate innovation, creation, and business growth. This year's
18
2022-01
Post-trademark registration, proper usage is also necessary.
Release Time:
2022-01-18
Following the controversial "Tongguan Meat Sandwich" trademark dispute, dozens of Sichuan restaurants have been sued by a Shanghai catering management company for alleged infringement of the "Qinghua Pepper" trademark. Recently, the "Qinghua Pepper" case was finally settled, with the Sichuan Provincial Higher People's Court issuing a final judgment to "revoke the first-instance judgment and dismiss the infringement lawsuit." This series of cases reminds operators that malicious lawsuits under the guise of protecting intellectual property rights will not be supported, and trademarks should not be used as tools for "opportunistic rights protection." Sichuan restaurants can still use "Qinghua Pepper" In 2021, "Qinghua Pepper" stirred up the catering industry, with dozens of Sichuan restaurants being sued by Shanghai Wantuitang Catering Management Co., Ltd. The company argued that it had obtained the "Qinghua Pepper" trademark, and many Sichuan restaurants had used it without authorization on their shop signs, billboards, etc., infringing on its trademark rights and causing significant economic losses. On November 26, 2021, the Chengdu Intermediate People's Court ruled in the first instance that the actions of Wu Apo Qinghua Pepper Fish Hot Pot constituted trademark infringement. The court ordered Wu Apo Qinghua Pepper Fish Hot Pot to stop using the "Qinghua Pepper" logo and pay the plaintiff 30,000 yuan in economic compensation. The defendant appealed to the Sichuan Provincial Higher People's Court. On January 13, 2022, the Sichuan Provincial Higher People's Court publicly heard the appeal in this trademark rights dispute case. The court found that the use of the "Qinghua Pepper" logo by the Wenjiang Wu Apo Qinghua Pepper Fish Hot Pot restaurant did not constitute infringement of the trademark rights in question, and that the first-instance court's findings of fact and application of the law were incorrect and should be corrected. The Sichuan High Court held that while Shanghai Wantuitang Catering Management Co., Ltd.'s registration of "Qinghua Pepper" in Class 43 services could be considered to have a certain degree of distinctiveness and could serve to distinguish the source of services, the natural connection between catering services and food seasonings made the distinction between the service trademark logo and characteristic dishes with the words "Qinghua Pepper" subtle and easily confused, greatly reducing the distinctiveness of the registered trademark and making it almost impossible to identify the source of services through the trademark. Article 59, Paragraph 1 of China's Trademark Law stipulates that the registrant of a registered trademark containing the generic name, graphic, model number, or directly indicating the quality, main raw materials, function, use, weight, quantity, and other characteristics of the goods, or containing place names, shall not be entitled to prohibit others from using it legitimately. "According to China's Trademark Law, generic names lacking distinctiveness cannot be registered as trademarks, although they can be registered across categories in other non-directly descriptive categories, but the registrant has no right to prohibit others from legitimately using them." Zhou Yixia, a lawyer at Beijing Hanwei Law Firm, said that if "Qinghua Pepper" were applied for registration on seasonings, it would be rejected, so it was registered in the category of fast-food restaurants and restaurants, but even so, it has no right to prohibit others from legitimately using it. Others can also legitimately use well-known place names In 2021, the Shaanxi Tongguan Meat Sandwich Association also launched a nationwide rights protection campaign, and dozens of local snack shops in Henan were sued by the Tongguan Meat Sandwich Association for selling meat sandwiches with the words "Tongguan," and were ordered to pay compensation ranging from 30,000 to 50,000 yuan. In addition, more than 50 Xiaoyao Town Hu La Tang shops in Jiaozuo, Henan, also received court summons because they used the words "Xiaoyao Town" on their shop signs, which were registered as trademarks by the Xiaoyao Town Hu La Tang Association. If the shops want to continue using this signboard, they have to pay an annual membership fee of 1,000 yuan, otherwise they have to pay compensation ranging from 30,000 to 50,000 yuan. In response to the controversy, the person in charge of the Third Civil Tribunal of the Supreme People's Court responded to the issue of rights protection of geographical indications such as "Tongguan Meat Sandwich." The person in charge said that some trademarks contain place names, which often have unique commercial value. According to China's Trademark Law, even if the exclusive right to use a registered trademark is obtained, the right holder is not entitled to prohibit others from legitimately using the place name contained in the registered trademark. If others legitimately use the place name contained in the registered trademark, and the right holder brings a relevant lawsuit to the people's court, the people's court shall not support it according to law. Standardized trademark use should provide refined services "The "Qinghua Pepper" style of rights protection is not a genuine protection of its own trademark rights, but rather the use of preemptively occupied public resources, targeting small and micro individual businesses, and using the banner of trademark rights protection to engage in "opportunistic rights protection" to obtain undue benefits." Zhou Yixia believes that this is both a disruption of the normal market operating order and a waste of judicial resources, and a challenge to judicial justice. Regarding the Xiaoyao Town Hu La Tang Association's rights protection of the "Xiaoyao Town" trademark, the relevant person in charge of the association once explained to the media that the Hu La Tang shops with the "Xiaoyao Town" signboard are of uneven quality and lack uniform technical standards, and a considerable number of Hu La Tang shops with the "Xiaoyao Town" signboard have no connection with Xiaoyao Town. Against this background, the urgent need to "separate the genuine from the fake" and unify and standardize the technical standards of Xiaoyao Town Hu La Tang has been put on the agenda. The standardization of a certain type of brand should not rely solely on rights protection and the collection of membership fees. Trademark use is far from simply "granting a license." Brand operation institutions should provide service guarantees and dynamic supervision for merchants, and continuously increase the value of the brand during operation, so that the trademark can be transformed from a piece of registration certificate into intangible assets. Source: China Trademark Association WeChat Official Account
02
2021-12
Release Time:
2021-12-02
To standardize the trademark examination and trial procedures, ensure the unified application of laws and consistent implementation of standards in each stage of trademark examination and trial, the State Intellectual Property Office has decided to formulate the "Trademark Examination and Trial Guidelines", which are hereby issued and shall come into effect on January 1, 2022. The original "Trademark Examination and Trial Standards" shall be abolished simultaneously.
27
2020-09
Public Solicitation of Opinions on the Regulations for the Protection of Geographical Indications
Release Time:
2020-09-27
On September 24, the State Intellectual Property Office released the draft "Regulations on the Protection of Geographical Indications (Draft for Comments)" (hereinafter referred to as the "Draft for Comments") and its explanatory notes for public comment. The Draft for Comments revises the current "Regulations on the Protection of Geographical Indication Products," aiming to effectively protect geographical indications and ensure the quality and characteristics of geographical indication products. The Draft for Comments stipulates that any unit or individual who uses product names or descriptions to mislead the public about the product's origin, or who uses a geographical indication special mark (hereinafter referred to as the "special mark") or a similar mark on a product without authorization
