China IP Case Spotlight: May 2021 (Issue 3).

Trade mark Office of CNIPA Published Typical Cases of Trade Mark Oppositions and Review in 2020

 

Case Spotlight

 

Trade mark Office of CNIPA Published Typical Cases of Trade Mark Oppositions and Review in 2020
国知局商标局发布2020年商标异议、评审典型案例

 

Date: 2021-04-26
 

On 26 April, the Trademark Office of the CNIPA published the 2020 Typical Cases of Trade Mark Oppositions and Review.
 

The 2020 trade mark opposition typical cases are as follows:
 

1. The “Liang Shen” case in combating to crack down on related companies' joint preemptive registration of others' e-commerce names and maintain fair competition in the market;

2. The “Kusanagi Family Kusanagi Kyo Maocai” case was filed in order to crack down on actions that damage the rights and interests of well-known online game character names and protect the achievements of innovative labor;

3. The “Allride” case, which was filed to crack down on the mass malicious registration of trade marks and regulate the order of trade mark registration;

4. The “House Ver” “Mont Curry” cases, which combats malicious trade mark registrations of splitting foreign well-known trade marks and protect the exclusive rights of prior trade marks and the interests of consumers;

5. The “Chengmi CDMI” case on the combat against copyright infringement and to protect the goodwill of famous enterprises;
    

The 2020 trade mark review typical cases are as follows:
 

1. The 97 invalidation cases on the “Yuntong” series of trade marks, which severely cracks down on malicious trade mark registrations not for the intention of use or obtaining registration by other improper means;

2. The 3D trade mark reexamination case, which is significant for the examination of distinctiveness and functionality of 3D trade marks and the examination of acquired distinctiveness;

3. The colour combination trade mark invalidation case, which is significant for the examination of color combination trade marks and protects the intellectual property rights of the national equipment manufacturing industry;

4. The “Shanghai Story” trade mark invalidation case, which was one of the first cases orally heard by the CNIPA to clarify the complex facts of the case and to determine the prior use of the trade mark;

5. The “Jialifu” trade mark invalidation case to regulate the behaviour of trade mark agencies and eradicate malicious trade mark squatting;

In 2020, the Trademark Office completed 149,000 trade mark opposition cases, a year-on-year increase of 64.7%, and completed 358,000 trade mark review and adjudication cases of various types, a year-on-year increase of 7.8%.
 

Source: http://sbj.cnipa.gov.cn/gzdt/202104/t20210428_328330.html

 

 

 

 

rtan@rouse.com