Tag Archives: China trademark agency

Can Sound or Smell be registered as Trademarks in China?

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—the introduction to the registerable trademarks in China

By You Yunting

As a news report (note: the link is in Chinese), Apple applied the trademark protection for the start up sound of its Mac in USA and Europe. The protection of sound trademark is on the front of the theory research, and in many situations, the sound is protected through copyright law. So far, to register the sound as mark in China is of no legal ground. Meanwhile, in the latest revision of the Chinese Trademark Law, we notice the suggestions to add sound as legal sort of trademark, which was objected by some experts. According to the schedule of the legislation in China, the latest Trademark Law could be issued in this October as soonest, and then we could find the answer to proposal. Today, we will introduce you the sorts of trademarks to be applied in China.

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Increased Penalty for the IPR Protection after China Criminal Law Revision


As reported, Mr. Jiang Zengwei, the deputy minister of China Commerce Ministry, replied on the press conference on 13th, December that China will enhance the strength of the IPR infringement punishment from 6 aspects, including the completion on the civil evidence rule and increasing the penalty sum.

The specific measures include to research the revision on the criminal law for the strengthened deterrence with more scientific description on the crime; to draft the current effective measures into the judicial interpretation; to increase the penalty sum as times of the infringing products’ value; to complete the civil evidence rule; to research the increase on compensation; to research the application conditions for the great amount, serious consequence and serious circumstance in the criminal law for the more feasibility of the law.

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How to Apply for the Trademark Record in China Custom

Highlight: You could get to know the effective way of combating infringing product by trademark record in China custom in today’s post.

As reported by xinhuanet.com, the first instance of the knockoff brand product case with the biggest amount involved in recent was heard. The suspect of the case purchased the knockoff LV, Adidas, LACOSTE and other brand products for export, afterwards the knockoffs were detained for the suspicious infringement basing on the recorded trademark by the customhouse after the inspection, and finally the products were appraised fake with the market value of more than 230 million yuan.

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Introduction of China’s Legal System of Trademark Renewal

 Highlight: The first registered trademarks after the promulgation of the trademark law in 1982 will be in the renewal period soon, and most of such trademarks now are owned by foreign invested companies. In this essay, Bridge IP Law Commentary will give our advice and analysis on the trademark renewal.

The system of trademark application was first carried out in China in 1982 with the promulgation of the Trademark Law, by which the period of validity of a trademark registered in China is ten years from the day of approval and can be renewed, otherwise it will be cancelled. Therefore, most first registered trademarks are coming into the renewal period in 2012 or 2013, and among which the trademarks registered by foreign invested companies occupy a higher proportion due to the weak awareness of the trademark of Chinese enterprises then. For this reason, we would like to remind foreign clients to apply for trademark renewal timely during the renewal period and the grace period. Today, our website will introduce and analyze China’s legal system of trademark renewal.

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No “iPad” Chinese trademark right for Apple after payment in the transaction, and our analysis.

—-the Key points to the trademark transaction under the frame of China laws

Highlight:Apple gets involved in the litigation against a Chinese company for the ownership of iPad trademark, which Apple has claimed the property from purchase. However, such conflict could be averted if proper preparation has been done before the trademark transaction.

Recently, the trademark conflict over “iPad” initiated by Apple Inc. (NASDAQ:AAPL, the “Apple”) against Proview Technology (Shenzhen) Co., Ltd. (the “Proview”) was heard for the third time on Shenzhen Intermediate Court. In the trial, Apple affirmed it owns the global trademark right of “iPad”, which was stroke back by Proview that such right in mainland China is exclusively held by Proview and the claimed transaction of Apple for the acquisition of such right has no permission or authorization from it, furthermore, Apple was also accused of its malicious purchase of the registered “iPad” behind the IP Application Development Company worldwide.

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