With tighter cosmetic regulations in China, the country is watching for and subduing misleading or false product claims. To avoid penalties and ensure compliance, regulatory consulting firm ChemLinked offers solutions.
China State Administration Releases Ten Anti-Unfair Competition Cases natlawreview.com - get the latest breaking news, showbiz & celebrity photos, sport news & rumours, viral videos and top stories from natlawreview.com Daily Mail and Mail on Sunday newspapers.
A recent case concerned a form of trademark squatting that involves the squatter filing numerous identical or similar marks, preferably in classes of goods or services in which the targeted trademark is not registered. This behaviour forces the victim to file numerous oppositions or invalidation actions and therefore incur significant costs. The decision may become a precedent in the fight against trademark squatting and gives hope to victims thereof.
Published: May 26, 2021
Verifier
Zhigang Zhu Wanhuida Intellectual Property Beijing, China Enforcement Committee Judicial Administration and Trademark Litigation Subcommittee
The Beijing Intellectual Property Court issued a judgment following a dispute concerning claims of infringement of trademark rights and unfair competition of the marks PARIS BAGUETTE and its transliteration in Chinese characters 巴黎贝甜, which are bakery chain brands operated by the plaintiff. (2018)京73民初316号. Jing 73 Min Chu No.316 (2018).
As the mark contains the well-known city name Paris, the plaintiff failed to have its trademarks registered in China. However, the two defendants successfully registered almost 100 trademarks for “BARIS BAGUETTE” and “芭黎贝甜” (same pronunc
Co-published
Last year was an active one in terms of trademark decisions in China. The second of a two-part look at the decisions that should be on rights holders’ radars presents revocations for non-use decisions and those that illustrate the raising level of financial compensation awarded by the courts, which do not hesitate to use punitive damages and endorse contractual damages.
Most of the judgments were rendered by the Beijing IP Court and the Beijing High Court, with prosecution disputes handled by the trademark administration (ie, the China National IP Administration (CNIPA), which replaced the China Trademark Office (CTMO) and the Trademark Review and Adjudication Board (TRAB) after an administrative reshuffling).