Applicant for cancellation: Heyi (Hong Kong) Asset Management Co., Ltd.

Trademark registrant: Dai Nengzhong

Key words: Trademark use, Non-use cancellation, Franchising,  Commercial administration of the licensing of the goods and services of others.
Continue Reading Use of the trademark in connection with “franchising” does not constitute the use on “commercial administration of the licensing of the goods and services of others” —-Trademark Cancellation Review against Registration for “和易购” No.13274116

China’s rapid economic development and its emerging middle class allow franchises to operate in China under the following model:

The franchisor
• owns a well-known brand with a global reputation;
• has a strong desire to expand its brand in China;
• currently lacks sufficient capital and the traditional franchising model is no longer suitable to support such expansion.

The franchisee:
• has a well-developed distribution network;
• already owns second-line brands for the same or similar products which have already established certain market share in China;
• has ready capital and other operational resources.

By Cecilia Lou, Partner at King & Wood’s Intellectual Property Group

Continue Reading Franchising Challenges in China Part II

Once a friend of mine visited Shanghai and asked me to recommend some quick restaurants. After listing a few options, I realized that he was not interested in them as he just wanted to find a simple restaurant providing real Shanghai cuisine. It dawned on me that, we were surrounded by national and international franchised stores with standardized products and services which often provide little local flavor. Franchising is ubiquitous in China, and not just the fast food chains.

 By Cecilia Lou, Partner at King & Wood’s Intellectual Property Group

Continue Reading Franchising Challenges in China