作者：杨华 金杜律师事务所知识产权部
为进一步提高商标审查质量和审查效率，近日中国商标局推出更多商标注册便利化措施或计划，其中多项计划中的举措比如推广全面电子发文、加快审查周期、压缩异议或补充证据期限、增加注册后的提供使用证据义务等等举措可谓变化较大，值得广大商标权利人和行业从业者关注。具体如下。
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How to Handle Complex Disputes Between Registered Trademark and Well-known Trademark in China?
By Dang Zhe and He Shijia King & Wood Mallesons’ IP group.
At the end of 2016, KWM’s IP Litigation Group obtained favorable judgements for its clients in “Ariston Case[1]” and “John Deere Case[2]”, two typical disputes concerning infringement of well-known trademarks by ordinary registered trademarks. The two cases are respectively included in the “Top 10 Cases Concerning IPR Judicial Protection Heard by Courts in Jiangsu in 2016” and the “Exemplary Cases in Terms of ‘Strengthening the Judicial Protection on IPR’” at the occasion of the 2nd anniversary of the Beijing Intellectual Property Court. Based on these two cases, this article introduces and explains the evolution and development of judicial interpretations and practice relating to the protection of well-known trademarks, and therefrom draws conclusions and trends about certain adjudication rules in China.
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King & Wood Mallesons Continuously Tops ALB 2017 IP Rankings in the Third Year
By King & Wood Mallesons
20 May 2017, King & Wood Mallesons (KWM) was ranked as a Tier 1 law firm in both Patent and Trademark/Copyright in the Asian Legal Business (ALB) 2017 IP Rankings for the third consecutive year. Taking account of factors including volume, complexity and size of work undertaken, clients, team, and the firm’s year-on-year development and growth momentum, ALB concluded the final rankings in the two categories of patent and trademark/copyright. KWM’s IP team strengthens its leading position in both contentious and non-contentious by this ranking, with outstanding and first-class expertise and reputation among clients.
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China Trademark Office Slashes Charges for Trademark Registration
By King & Wood Mallesons
The Trademark Office of the Administration for Industry and Commerce of China recently posted on its official website a notice of reducing its charging standards for trademark registration etc. by 50% from April 1, 2017, details of which are as follows:
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An Analysis of the SPC Judgment on PRETUL
By Lou Xianying(Cecilia), Sun Haoguang and Yuan Jiaqi King & Wood Mallesons’ Corporate & Securities group
Since the Supreme People’s Court (the “SPC”) handed down its retrial judgment (2014) Civil Retrial No. 38 on the “PRETUL Case” , the question of “whether the use of a trademark on an OEM product constitutes infringement” has
A Global Perspective: Do Parallel Imports Constitute Trademark Infringement?
By He Fang Lou Jiayu King & Wood Mallesons’ Dispute Resolution group
The exhaustion of intellectual property rights is a topic of heated debate around the world. The Agreement on Trade-Related Aspects of Intellectual Property Rights leaves much room for more clarity on how to handle this issue, with its Article 6 stating: “For the
Lessons from the GUCCI case: Chinese banks increasingly subject to U.S. jurisdicton
By Meg Utterback, King & Wood Mallesons and Tara J. Plochocki, Lewis Baach PLLC
In 2010 and 2011, the New York branch of the Bank of China (“BOC”)was served with two subpoenas relating to a lawsuit for trademark infringement brought by luxury goods companies Gucci, Balenciaga, Yves Saint Laurent, Bottega Veneta and
China Trademark Office Introduces New Convenient-for-Applicant Measures
By Yang Hua King & Wood Mallesons’ IP Group
C
hina Trademark Office (CTMO) announced on its official website on Thursday, March 24, that it is introducing some new practical measures in order to provide more efficient and convenient services for the brand owners in their trademark application procedures. It is the first time in
Trademark Similarity Issues: ARC’ TERYX = Archaeopteryx ?
By Lin Jiuchu, Xiao Yuexin and Kang Lifang King & Wood Mallesons’ IP Group
“A
RC’TERYX”and “
” (hereinafter “the Cited Marks”), created and used by ARC’TERYX Company, have enjoyed a high reputation in respect of outdoor clothing, technical outerwear and accessories. The inspiration of the brands was originated from “Archaeopteryx”. “ARC’TERYX”is the unconventional
How to Recognize “Certain Fame” of a Prior Trade Name
By Yang Xiaoli and Jiang Limei, King & Wood Mallesons IP Group
Key issues: The requirements for recognizing whether a prior trade name has certain fame can be lowered under the condition that the relevant party acts in bad faith.
Lexani Wheel Corporation (hereinafter referred to as “Lexani” or “plaintiff”) has been using “LEXANI” as its trade name since 1996. 
(Lexani & design) is a leading brand in the field of custom wheel hubs and wheels. In China, Lexani has authorized third parties to produce “LEXANI” branded wheel hubs in its name since 2005.
On February 5, 2007, a Ms. Wang applied for the registration of trademark “
” (hereinafter referred to as “the opposed mark”) under No. 5888878 in respect of wheel hubs, wheels, and other car related products in class 12.
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