CHINA PATENT & TRADEMARK LAW OFFICE
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    • Why do you need to register a trademark in China
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    • A Guide to the Chinese Trademark Registration Process
    • Why you should file your trademark in China now
    • Why is a Trademark Watch Important
    • Differences Between Trademark and Copyright
    • Avoiding IP Infringement with Chinese Sourcing
    • Cracking down trademark squatters under amended trademark law in China
    • How China is acting to combat bad faith trademarks
    • Intellectual Property protection when doing business in China
    • China's intellectual property rights protection improved to create a sound business environment
    • China’s race to become global intellectual property leader
    • China strengthens intellectual property rights protection prior to Beijing 2022
    • Important Trademark Development from China for 2022: What US Brand Owners Need to Know
    • How to Protect Trademarks in China
    • A simple guide to intellectual property in China
    • An Overview of the Latest Amendment to the Chinese Patent Law
    • What We Do When Trademark Squatters Get Smarter in China
    • The most important patent and IP business developments in China in 2021
    • A simple guide to trademark registration in China
    • Protecting your intellectual property in China
    • How To Enforce Intellectual Property Rights In China
    • What China’s new patent laws mean for life sciences
    • China extends lead over U.S. in global patents filings, U.N. says
    • What Do China’s High Patent Numbers Really Mean
    • How to Protect Your Intellectual Property Rights in China
    • Protecting your intellectual property in China
    • Procedure of filing trademark in China
    • The Importance of Having a Chinese Brand Name
    • Why Does Hong Kong Attract International Businesses
    • What’s the Difference Between Patents, Copyrights and Trademarks
    • How to initiate a trademark infringement civil proceedings in China
    • How to Brand your products for the Huge China Market and Reduce Your Risk
    • 8 Trademark Mistakes Your Start-Up Must Avoid
    • What’s the Difference Between OEM and ODM Products
    • What the amendment to Article 4 of the Chinese Trademark Law means for bad-faith trademark filings
    • China starts rebuff of various metaverse trademark applications amid rush to hype the internet’s next generation
    • China, US and Hong Kong trademarks – A quick guide
    • Working with Chinese Trademark Agencies – A Dangerous Game, or Delicate Tightrope
    • China will improve its IP system
    • 12 Intellectual property Protection Tip
    • How to protect your brand in China
    • China Trademark And Brand Development Index 2021: Which Are China's Top Provinces
    • Must I Register My Company Name as a Trademark in China?
    • What You Need to Know About China Trademark Registration as a Foreigner
    • How to File a Trademark in China
    • How to Register a Patent in China
    • How to effectively deal with the preemptive registered trademark in China
    • China’s Trademark Regime: How to Protect Your Brand in the Mainland
    • China Issues Stricter Rules on Trademark Use
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After years of acting upon advices from their long-term trusted IP agency in Beijing, the European client found their company kept paying non-stop bills only for witnessing how the infringer continued exploiting their brand taking up the market. They were searching for an alternative, a better solution.
“We barely could make sense of the complicated legal proceedings in China. When we were advised to take necessary action like file invalidation against the targeted trademark, we entrusted the local Beijing IP agency to do it. We paid a lot of bills sent to us, but the situation didn’t seem to improve. To make it worse, once one invalidation granted, the infringer just registered more trademarks that still similar to our brand to circumvention the legal liabilities… "
By mentioning “invalidation action”, the client was referring relevant ruling made by China National Intellectual Property Administration (“CNIPA”).

We immediately pointed out the following:
  1. When you sought protection via IP-related administrative channel and obtained a ruling from CNIPA, such ruling in nature is an administrative kind of ruling but not a judicial one;
  2. Even if you fail to lodge an appeal against such ruling via administrative channel and/or directly resort to Beijing Intellectual Property court within the statute of limitation listed thereof, it shall has NO directly effect in a civil litigation you could bring up with People’s court;
  3. Such administrative ruling could be used as supportive evidence for a civil “trademark infringement & unfair competition” case that could be filed with the local court of jurisdiction.
Some of IP agencies may call their office as “IP law office” and/or directly “law firm”, but in nature they are not a law firm, for their attorneys are not, and wouldn’t be allowed to practice law as licensed lawyers, not to mention of having the experiences in arguing litigating cases in courtrooms. They have a very unique consulting business mode – and usually running systematically, they are good at handling IP registration and relevant administrative proceedings.

In hearing the client’s story, we also realised that there is an even much bigger reason that hindered their access to adopting a more pragmatic way to solve the issue. It is the complexity of a civil litigation of “trademark infringement and unfair competition".
How do we achieve your goal?

We incorporated the client’s desired objectives into a civil litigating proposal:
“Shutting down their factory”, and “stopping their sales and distribution.”
As soon as we register the case, we will file for a temporary injunction with the hearing court. Should the defendants disobey such injection, severe judicial punishment shall fall upon them.

We could file a compliant with the local Market Supervision Administration, i.e. the relevant administrative authority that protects the legitimate rights and interests of businesses and consumers by carrying out regulations in the fields of enterprise registration, market competition, consumer protection, trademark protection etc. It is responsible for creating a regulated market environment of fairness and transparency.
“Claim of compensation”
A favourable judicial ruling shall entitle the client economical losses – the amount subject to how evidences is produced, statutory and rest at the judge’s discretionary power.

Litigating costs, e.g. lawyer fee, court fee and notary fee that occurred to the client can be listed as separated claims that are to be ruled by the court and sustained by the defendant when the plaintiff triumphed.
The client also asked if such infringement constitute a crime. Based on find-outs in the litigating, we may report to the local police for investing if the infringement may violated the criminal law and hold the infringer responsible for the crime.
What do you need to prepare?

In this case, the infringer created and own a website to promote products that violate the client’s trademark. To the purpose of successfully initiate the litigation, we advise the following necessary two steps need to be taken:
  • Notarise the infringer’s website and owner information, which shall be used as basic evidence to prove the defendant is proper; and
  • Purchase sample product from the website and having the purchase process notarised, which shall be used as further evidence to prove the infringing liabilities.
You may want to consider establishing a formal client-attorney relationship before making any preparation.
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  • Home
  • About
  • IP Services
    • Trademark
    • Patent
    • Utility Model
    • Design
    • Copyright
  • Translation
  • News
    • Why do you need to register a trademark in China
    • What do you need to do to register a Chinese trademark
    • The Difference Between Copyright, Trademark and Patent
    • How And Why To Trademark In China
    • How do I protect myself from Intellectual Property Theft in China
    • How To Protect Your Intellectual Propery (IP) Rights In China
    • 7 Steps to Protect Your Intellectual Property in China
    • China is strengthening intellectual property protection
    • What should a foreign business know about filing a trademark in China
    • A Guide to the Chinese Trademark Registration Process
    • Why you should file your trademark in China now
    • Why is a Trademark Watch Important
    • Differences Between Trademark and Copyright
    • Avoiding IP Infringement with Chinese Sourcing
    • Cracking down trademark squatters under amended trademark law in China
    • How China is acting to combat bad faith trademarks
    • Intellectual Property protection when doing business in China
    • China's intellectual property rights protection improved to create a sound business environment
    • China’s race to become global intellectual property leader
    • China strengthens intellectual property rights protection prior to Beijing 2022
    • Important Trademark Development from China for 2022: What US Brand Owners Need to Know
    • How to Protect Trademarks in China
    • A simple guide to intellectual property in China
    • An Overview of the Latest Amendment to the Chinese Patent Law
    • What We Do When Trademark Squatters Get Smarter in China
    • The most important patent and IP business developments in China in 2021
    • A simple guide to trademark registration in China
    • Protecting your intellectual property in China
    • How To Enforce Intellectual Property Rights In China
    • What China’s new patent laws mean for life sciences
    • China extends lead over U.S. in global patents filings, U.N. says
    • What Do China’s High Patent Numbers Really Mean
    • How to Protect Your Intellectual Property Rights in China
    • Protecting your intellectual property in China
    • Procedure of filing trademark in China
    • The Importance of Having a Chinese Brand Name
    • Why Does Hong Kong Attract International Businesses
    • What’s the Difference Between Patents, Copyrights and Trademarks
    • How to initiate a trademark infringement civil proceedings in China
    • How to Brand your products for the Huge China Market and Reduce Your Risk
    • 8 Trademark Mistakes Your Start-Up Must Avoid
    • What’s the Difference Between OEM and ODM Products
    • What the amendment to Article 4 of the Chinese Trademark Law means for bad-faith trademark filings
    • China starts rebuff of various metaverse trademark applications amid rush to hype the internet’s next generation
    • China, US and Hong Kong trademarks – A quick guide
    • Working with Chinese Trademark Agencies – A Dangerous Game, or Delicate Tightrope
    • China will improve its IP system
    • 12 Intellectual property Protection Tip
    • How to protect your brand in China
    • China Trademark And Brand Development Index 2021: Which Are China's Top Provinces
    • Must I Register My Company Name as a Trademark in China?
    • What You Need to Know About China Trademark Registration as a Foreigner
    • How to File a Trademark in China
    • How to Register a Patent in China
    • How to effectively deal with the preemptive registered trademark in China
    • China’s Trademark Regime: How to Protect Your Brand in the Mainland
    • China Issues Stricter Rules on Trademark Use
    • News
    • News
  • Contact