By Lin Jiuchu  Zhang Jiaqi King&Wood Mallesons’ Intellectual Property Group

林久初Case review

Teletubbies is a TV program jointly created by DHX Worldwide Limited and a subsidiary corporation of BBC for children. It was broadcasted by BBC between 1997 and 2001 and became very popular nationwide. Ever since its debut, Teletubbies TV program has gained huge business success and numerous rewards and was broadcasted by 35 media in 120 countries. CCTV also introduced it into China and began to broadcast it on February 11, 2002, since when it was adored and watched by a large number of Chinese children and parents. Apart from the TV program, its correlative CDs, books, stuffed toys and clothes were also very popular. As the name of a famous TV program and cartoon characters, Teletubbies was widely known in China in a very short time.
Continue Reading Legitimate rights of the specific name of famous services, TV programs and cartoon characters shall be protected as prior rights under Article 32 of the 2014 Trademark Law

By King&WoodMallesons’  Trademark Group

After years of expectation, China has begun to accept multi-class trademark applications since the newly-revised Trademark Law became effective on May 1, 2014.. Does this practice meet the anticipation of the trademark applicants?

As a common practice in many countries, multi-class trademark applications streamline the registration process in a cost effective manner. Not only the cost for filing is reduced for extra class(es) in one application, but that for future renewal, assignment, and recordation of name/address change, etc. can also be significantly reduced. Multi-class registration also brings high efficiency to administration of the trademark portfolios for brand owners.
Continue Reading Pros and Cons of Multi-Class Trademark Application in the PRC

By Ding Xianjie King & Wood Mallesons’ Trademark Group

The State Council promulgated the revised Implementing Regulations of the Trademark Law of the People’s Republic of China (Revised in 2014) (the “New Regulations”) on April 29, 2014 to better coordinate the implementation of the third revision of the Trade Law of the People’s Republic of China (the “Trademark Law”).The New Regulations, containing 98 Articles in ten Chapters, mainly supplements and details related systems according to the modified content in the Trademark Law, adds the established practices that already existed in the works of trademark review, adjudication and management based on the practical requirement, and further clarifies issues concerning protection of the exclusive right to registered trademarks and trademark agency, etc. The New Regulations and the Trademark Law will take effect from May 1, 2014.
Continue Reading Specific Guidance on Protection of the Exclusive Right to Registered Trademarks Offered by the Revised Implementing Regulations of the Trademark Law

By Cecilia Lou  Ding Xianjie Yao Di  King and Wood Mallesons’ IP Legal Group

The current PRC Trademark Law (“Law”) was implemented in 1983, and revised in 1993 and 2001, and it has played a significant role in supporting the development of the PRC social economy since its implementation. However, the current Law is complained a lot in practice mainly because the registration procedure is fairly complex and time consuming, bad faith registration is common and difficult to stop and it provides insufficient protection against trademark infringement. Thus, The latest draft of revision of PRC Trademark Law Draft (“the Draft”) has been released and is currently open for any public comments until January 31, 2013. Generally speaking, the Draft addresses to the above mentioned issues.
Continue Reading Five Issues You should be Aware of the Latest Draft of Revision of PRC Trademark Law

By King & Wood’s Trademark Group

A "geographic indication" is a sign used on a product that indicates a specific geographical origin and that the product possesses qualities or a reputation or other features that are associated with that place of origin. That is, the sign represents the geographical origin of the goods in a certain territory or area or region within the territory.  The specific quality, reputation or other features of the goods are primarily related to the place of origin.  Even if goods fall within the same category, they share a different quality and reputation due to the natural or cultural factors of different geographical origins.

The geographic indication is considered one of the most important symbols that distinguishes between goods of different origins.  The protection of geographic indications can prompt economic development in a specific area or a country, and can also protect the legal interest of the manufacturer and consumers of the goods marked with the geographic indications.  As such, the protection of geographic indications needs to be consolidated.

Continue Reading Protecting Foreign Geographic Indications in China

作者:金杜律师事务所商标

地理标志,是指标示某商品来源于某地区,该商品的特定质量、信誉或者其他特征,主要由该地区的自然因素或者人文因素所决定的标志。也就是说,地理标志代表了在某个特定区域或在某个特定区域内的地区的商品的原产地。而该商品的特定质量、信誉或其他特征在很大程度上与商品的原产地密切相关。即便是同种类的商品来自于不同的地区,由于自然因素或人文因素的不同导致商品的质量和信誉也不尽相同。

地理标志目前已经成为区分商品来源的最重要的标志之一。对于地理标志的保护不仅可以刺激某个特定地区或国家的经济发展,而且可以保护生产商和消费者的合法权益。因此,对于地理标志的保护是十分必要的。

Continue Reading 外国地理标志如何在中国获得保护?

The Supreme People’s Court promulgated the “Interpretation on the Application of the Law Concerning Several Issues Regarding the Trials of Civil Disputes Relating to the Protection of Famous Trademarks” on April 23, 2009. This Interpretation clarifies what constitutes “famous” trademarks in China.

Xu Jing, Partner, IP Litigation

 

Continue Reading Rise of “Famous” trademarks in China