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Attorney in Beijing China Andrea Liang 梁雯律师
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Case Law: Not well-known trademark granted for cross-class protection
The disputes between Huatuo Sinopharm and Guangdong Huatuo Pharm continued for over 10 years, which received high attention from the China traditional pharm industry. In 2024, Beijing High People’s Court overruled the judgement of the 1st Instance and considered the defendants Guangdong Huatuo Pharm and other companies constituted trademark infringement and unfair competition on free […]
Andrea Liang 梁雯
Jul 8, 20255 min read
Trademark Challenges Facing Imported Nutritional Products
The increasing demand for health-related products and the expansion of cross-border e-commerce have resulted in a significant influx of foreign nutritional products into the Chinese market. In 2023, reports indicated that China’s cross-border import e-commerce reached an impressive 548.3 billion yuan, with nutritional supplements emerging as a prominent category, boasting a purchase rate of nearly […]
Andrea Liang 梁雯
Jul 8, 20256 min read
Strategies for Safeguarding TM Rights Following Unlawful TM Registration
Brands that are influential in their home markets need to actively pursue trademark registrations in other regions. Neglecting this can result in trademark squatting, which can hinder the brand’s operations in the new market and lead to legal challenges from the squatter. Typically, the registered party may respond by seeking to invalidate the trademark or […]
Andrea Liang 梁雯
Jul 8, 20257 min read
Practice Tips: Applying Article 15 to Prevent Cooperative Party Bad Faith Registration
What is Article 15 of China Trademark Law About? The intent of Article 15, Paragraph 2 of the Trademark Law is to prevent individuals who are aware of another’s trademark, due to their specific relationship, from infringing upon that trademark. This aims to foster a marketplace characterized by honesty and fair competition. An unregistered trademark […]
Andrea Liang 梁雯
Jul 8, 20255 min read
Case Law: Foreign Trademarks Rejected on Absolute Grounds
Throughout the lengthy process of applying for a trademark, even if the trademark is an invented word in a foreign language, examiners often assign various “translations” to it. This can lead to rejections based on absolute grounds such as lack of distinctiveness, potential for confusion, and negative implications. Despite the applicant’s strong arguments during the […]
Andrea Liang 梁雯
Jul 8, 20256 min read
Practice Tips: Steps to Take Once Your Trademark Being Squatted
Where the right owner fails to register their trademark promptly, allowing a squatter to take advantage and register it instead. Such registration not only results in the original owner losing control over their trademark and suffering infringements on their rights and reputation, but it also disrupts their business operations, leading to financial losses. Consequently, the […]
Andrea Liang 梁雯
Jul 8, 20258 min read
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