By Jiao Hongbin  King & Wood Mallesons’ Intellectual Property group.

On April 19, 2018, the Supreme People’s Court of the P.R.C released top 10 IP typical cases as well as additional 50 typical IP cases of the year 2017. We have summarized 19 out of the 22 trademark cases among them which involves the recognition of generic name, the protection of unregistered trademark, fair use of a trademark etc., for your easy reference.

Part I. Civil Cases

  1. Fuzhou Rice Factory vs. Wuchang Jinfutai Agricultural LLC., Fujian Xinhuadu Department Store Co., Ltd Fuzhou Jinshan Dajingcheng Branch., and Fujian Xinhuadu Department Store Co., Ltd (Supreme People’s Court/(2016) Zui Gao Fa Min Zai No. 374)

This case involves the relationship between a registered trademark and variety denomination as well as the criteria for recognizing generic name.
Continue Reading 2017 Typical Trademark Cases Released by the Supreme People’s Court of P.R.C