LONGAN LAW FIRMContents
Lođăng nhập 8xbetn News
Lođăng nhập 8xbetn Ranked in ALB China Intellectual Property Rankings for Many Consecutive Years
Lođăng nhập 8xbetn Ranked in the Ranking of Chinese Trademark Agencies for Global Enterprises by MOZLEN500
Lođăng nhập 8xbetn Intellectual Property Team attended the 2023 INTA Annual Meeting with a great conference
Lođăng nhập 8xbetn Notable Cases
Lođăng nhập 8xbetn assisted a client in the machinery field in obtainiđăng nhập 8xbet favorable outcome in a patent invalidation case
China IP News
CNIPA: Work Planfor Systematically Addressing Malicious Trademark Registrations to Promote High-Quality Development (2023-2025)
CNIPA released trademark examination data for 2022
Lođăng nhập 8xbetn Top 10 IP Cases in 2022 (Cases 1-2)
Case 1: Administrative litigation case regarding the invalidation action against trademark “SWEET PUMA”
Case 2: Trademark infringement and unfair competition case of BEKING Company
Lođăng nhập 8xbetn News
Lođăng nhập 8xbetn Ranked in ALB China Intellectual Property Rankings for Many Consecutive Years
On May 22, 2023, the international legal media Asia Legal Business (ALB), owned by Thomson Reuters, announced the “2023 ALB China Intellectual Property Rankings”. Lođăng nhập 8xbetn Law Firm has been ranked in patent and trademark/copyright categories with its outstanding performance and high-quality services in the field of intellectual property rights.
This year’s list is based on numerous market evaluation factors, including firm performance, interview results, quantity, complexity and scale of work performed, market share across Asia and in various jurisdictions, key personnel recruitment and growth of practice teams, main clients and new clients, popularity and status in regions where the firms are located, development status and development momentum compared with the same period last year, etc. After comprehensive research and rigorous review, ALB has determined the top law firms leading in the two categories of “patent business” and “trademark/copyright business”. The awards received by Lođăng nhập 8xbetn in consecutive years are the recognition of its intellectual property professional ability and overall strength by clients and the industry.
https://mp.weixin.qq.com/s/Hn33jipMY7CvZEm3a3U19g
Lođăng nhập 8xbetn Ranked in the Ranking of Chinese Trademark Agencies for Global Enterprises by MOZLEN500
Recently, Mozlen, the leadiđăng nhập 8xbetI search and management platform for trademarks, released the “MOZLEN500 Chinese Trademark Agencies for Global Enterprises Ranking”. Lođăng nhập 8xbetn Law Firm, with its strong professional capabilities, excellent legal service quality and great reputation earned over a long period of time, is on the List and became one of more than 20 particularly recommended agencies in 2023.
It is reported that the List is based on multiple dimensions such as trademark big data and comprehensive influence, and is intended to promote and display excellent Chinese foreign-related trademark agencies and their overall comprehensive business capabilities and levels. The award received by Lođăng nhập 8xbetn fully reflects its considerable experience in international trademark representation, comprehensive business strength and international influence.
https://mp.weixin.qq.com/s/rs1KYd7dWoVFijxyswaBdw
Lođăng nhập 8xbetn Intellectual Property Team attended the 2023 INTA Annual Meeting with a great conference
From May 16 to 20, 2023, the prestigious 145th International Trademark Association (INTA) Annual Meeting, a global intellectual property industry event, was grandly held in Singapore. As one of the largest and most influential intellectual property events worldwide, the INTA Annual Meeting received high attention from the global intellectual property community.
A delegation of five lawyers from Lođăng nhập 8xbetn Law Firm, including Cindy Quan, Jianjun Fu, Chengyan Zhao, Yan Zhang, and Haiyu Wang, attended the event. They engaged in fruitful discussions with clients from Europe, the United States, Japan, Singapore, Brazil, India, etc., exploring the latest hot topics and cutting-edge trends in IP field, resulting in enjoyable conversations.
https://mp.weixin.qq.com/s/uf6aZ6gPZnGvxoAk86KPug
Lođăng nhập 8xbetn Notable Cases
Lođăng nhập 8xbetn assisted a client in the machinery field in obtaining a favorable outcome in a patent invalidation case
Recently, Lođăng nhập 8xbetn lawyers, Cindy Quan, Jianjun Fu, and Xiaojun Zheng, obtained a favorable outcome in the case of the invalidation request dispute for the utility model patent titled “Drying System of Succinic Acid Fluidized Bed Device”.
In this case, upon the client’s request, the Lođăng nhập 8xbetn lawyers filed an invalidation request for the utility model patent, citing lack of inventiveness in accordance with Article 22, Paragraph 3 of the Patent Law.
The CNIPA upheld our claim and made a decision declaring the utility model patent involved entirely invalid.
https://mp.weixin.qq.com/s/iWECGqqj9NFe15xTRtGdFg
China IP News
CNIPA: Work Plan for Systematically Addressing Malicious Trademark Registrations to Promote High-Quality Development (2023-2025)
Recently, the CNIPA issued the Work Plan for Systematically Addressing Malicious Trademark Registrations to Promote High-Quality Development (2023-2025).
The Plan establishes and improves the legal system for governing malicious trademark registrations, enhances the work mechanism for strict enforcement against such behavior, and strengthens efforts to combat malicious trademark registration. One of the key tasks outlined in the Plan is the establishment of a credit commitment system for the trademark authorization and confirmation process, which clearly defines the scope of application and the commitments to be made. Where individuals severely violate their commitments and acquire trademark registration via deceitful means, their registered trademarks shall be declared invalid, and they shall be classified as dishonest acts according to law.
https://www.cnipa.gov.cn/art/2023/5/8/art_75_184971.html
CNIPA released trademark examination data for 2022
In 2022, the CNIPA completed a total of 7.056 million trademark registration applications in accordance with the law. The review process voluntarily rejected 35,000 malicious hoarding trademarks, and rejected 3,192 malicious preemptive trademark registrations that harmed the public interest; 176,000 trademark opposition cases were reviewed and completed in accordance with the law. 412,000 trademark review and adjudication cases were completed. In these two stages, a total of 6,102 malicious trademark registrations were combated in accordance with the law.
https://sbj.cnipa.gov.cn/sbj/tzgg/202304/t20230427_26811.html
Lođăng nhập 8xbetn Top 10 IP Cases in 2022 (Cases 1-2)
Case 1: Administrative litigation case regarding the invalidation action against trademark “SWEET PUMA”
SUMMARY
Lođăng nhập 8xbetn represented Puma SE to win the “PUMA & Device” vs “sweet puma and Device” trademark invalidation administrative litigation. The Beijing Higher People’s Court upheld our claim and determined that our cited trademark “PUMA” constituted a well-known trademark and granted cross-class protection, ordered the revocation of the first-instance judgment and the ruling of the CNIPA, and instructed the CNIPA to make a new ruling.
TYPICALITY
- This case is difficult and raises high requirements for lawyers, as it involves both the recognition of well-known trademarks and the understandiđăng nhập 8xbetnd application of Article 13, Paragraph 3 of the Trademark Lawon “cross-class protection of well-known trademarks”. Lođăng nhập 8xbetn formulated an effective litigation strategy and produced detailed evidence (more than 15,000 pages) with our efforts, and successfully reversed the unfavorable judgment of the first instance.
- The well-known trademark recognized: The Beijing Higher People’s Court recognized the client’s cited trademark “PUMA” as a well-known trademark, which is especially rare in the context that the judicial well-known trademark recognition is becoming increasingly strict.
- It is also of great significance to the client: “PUMA” brand of PUMA SE has a wide target group in China. The judgment of this case not only affirms Puma’s long-term efforts in brand building, but also has great significance for its future brand development. In addition, it provides a solution to crack down on the clinging to well-known brands and the “parasitic” unfair competition on the market.
- Immediately after the judgment of this case was made, the official WeChat account of IP House reported in November 2022, “The judgment of the second instance was changed! The Beijing Higher People’s Court determined that Puma constituted a well-known trademark and granted cross-class protection.” In the same month, the Lođăng nhập 8xbetn Intellectual Property official WeChat account also released the case as a “Lođăng nhập 8xbetn Notable Case”. The Marks-Clerk Intellectual Property official WeChat account also published an article “China: PUMA v. Sweet Puma Trademark Invalidation Case” in January 2023 to present the case. Through the publicity and reports of various professional media, this case has produced good social effects.
- The case was rated as “Top Ten Cases of Quality Brands Protection Committee (QBPC)”.
https://mp.weixin.qq.com/s/ef6yCPrrIGQ-2x1EDBguqg
Case 2: Trademark infringement and unfair competition case of BEKING Company
SUMMARY
Guifu Ma established a shell company named “Germany BEKING International Holdings Group Limited” in Hong Kođăng nhập 8xbetnd authorized Shanghai Langju Industrial Co., Ltd. and Shanghai Bangying Brand Management Co., Ltd. to become subsidiaries of “BEKING Panel International Holdings Group Limited” under the “BEKING” / “Germany BEKING” brand, creatiđăng nhập 8xbet franchise system.
Lođăng nhập 8xbetn lawyers presented extensive evidence (with evidence pages totaling thousands) to demonstrate the division of labor and coordination among the defendants in the infringement behaviors, and provided sufficient evidence regarding the plaintiff’s brand value, the timing of infringement by each defendant, the subjective malice of each defendant, the use of infringing signs, profitability, etc.
Finally, the court took into account the aforementioned factors, and ruled that the four defendants shall be jointly liable to compensate the plaintiff with a total of CNY 11.96 million, surpassing the maximum statutory compensation limit.
TYPICALITY
The case is complex and difficult for litigation as it involves multiple defendants, and their infringements are systematic and covert. In particular, it involves investigating the personal responsibility of Guifu Ma, the person in charge of the enterprise.
The case upholds the legitimate rights and interests of the client. The court ordered the defendantsto pay compensation amount of CNY 11.96 million, which may be the highest amount awarded by the Shanghai court in trademark infringement and unfair competition cases in the furniture field so far, and it is also one of the cases with the highest compensation in China.
This case has been selected as one of the “Top 10 Typical Cases of Strengthening Intellectual Property Protection by Shanghai People’s Courts in 2022”.
https://mp.weixin.qq.com/s/ef6yCPrrIGQ-2x1EDBguqg
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