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Issues on Trademark Squatting

Issues on Trademark Squatting. Di(Deland) WU, Lung Tin M a nager of Trademark Dept./ Trademark Attorney. Regulations of Trademark Squatting in Chinese Trademark Law. I ： Acts related to articles 31, 13 and 15 of Chinese trademark law

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Issues on Trademark Squatting

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  1. Issues on Trademark Squatting Di(Deland) WU, Lung Tin Manager of Trademark Dept./ Trademark Attorney

  2. Regulations of Trademark Squatting in Chinese Trademark Law • I：Acts related to articles 31, 13 and 15 of Chinese • trademark law • Article 31: --Damage the existing prior rights of others, or register the trademark that has been used by others and has become influential • - An application for a trademark registration shall not create any prejudice to the prior right of another person; • - Squatting other people’s trademark with a certain reputation and having been used by unfair means is not allowable.

  3. Regulations of Trademark Squatting in Chinese Trademark Law 2. Article 13 -- the copy, imitation or translation of a well-known trademark of others 3. Article 15 -- an agent or a representative registers the trademark of the principal or the represented in his/her own name without authorization.

  4. Regulations of Trademark Squatting in Chinese Trademark Law II: Other acts of unfair competition 1. Article 41 -- miscellaneous provision regulating other acts of unfair competition,as legislation cannot list all acts of unfair competition, the miscellaneous provision is necessary. 2. Article 10.8 -- other bad influences.

  5. Review of Opposition against Trademark "RICHARD WOLF" (Article 31) The opposed trademark：RICHARDWOLF Designated goods：Medical apparatus Class: 10 The opponent: RICHARD WOLF GMBH The opposed party: Beijing Xiji Kaiyuan Technology Development Ltd.

  6. Comments： • Is evil intention a necessary element to judge violations of the right of trade name? • 2. Shall the fame of prior trade name be higher than “a certain reputation” which is regulated in the last half part of Article 31?

  7. Opposition against Trademark “Q-BEN” (Article 13) The opposed trademark：The cited trademark： Q-BENBenQ Applicant: Applicant: Q-BEN TECHNOLOGY GROUP(HK) LTD. BenQ Corporation Designated goods (Class 9): Designated goods (Class 9): Computer peripheral devices; Scanners; Liquid crystal display Satellite navigational apparatus; Camcorders; etc.

  8. Comments • 1. Whether the cited trademark is a well-known trademark? • 2. Whether the opposed trademark is a copy and imitation • of the cited trademark? • 3. Whether the opposed trademark used on the designated • goods will mislead the public and lead to damage to the • interests of the registrant of the well-known trademark?

  9. Opposition against Trademark “95539” • (Artilce 10.8) • The opposed trademark：95539 • Applicant：CAO Zhufan • Designated services (Class 39)：Freighting;Transport • Opponent：China Southern Air Holding Company

  10. Review of Opposition against Trademark “AARON BASHA & logo” (Article 41) • Opposed trademark： • Applicant：DI Pengfei • Designated goods (Class 14)： • Precious metals, unwrought or semi-wrought; Ornaments. • Cited trademark： • Applicant：AARONBASHACORP. • Designated goods (Class 14)：Precious stones; jewelry.

  11. Comments： • Application of Article 41.1 of Chinese Trademark Law. • TRAB：will apply to the article if the evidence filed by the applicant is sufficient. • Court: will not intend to involve the interests of a particular party in the case.

  12. Thank you! Lungtin International Intellectual Property Agent Ltd. Contact: ltbj@lungtin.com www.lungtin.com

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