Trademark
Providing trademarks related legal services is an important part of 优德88中国官方网站’s intellectual property (IP) business. 优德88中国官方网站 supports its clients to maximize their brand value by providing full-process professional legal services on trademarks, assisting clients with the registration, use and protection of their trademarks. 优德88中国官方网站’s IP team can provide all-round legal services in commercial law. The trademark team independently provides professional and high-quality services on trademarks and relevant issues for domestic and foreign companies, but also offers efficient support for other teams at 优德88中国官方网站 whenever they come across legal issues regarding trademarks and other IP related issues.
Our Team
优德88中国官方网站’s trademark team has outstanding knowledge in the IP area with directly relevant expertise. It consists of five partners and counsel and more than 20 intellectual property lawyers who have graduated from top-tier domestic and international law schools. All the partners have many years of work experience in the IP field and a number ofseveral the team members have served on the People’s Court Intellectual Property Tribunal, the Trademark Review and Adjudication Board, the Trademark Office as well as other relevant government offices.
优德88中国官方网站’s award winning IP team and its partners are all highly regarded in the industry. For years 优德88中国官方网站 has been widely recognised as a “leading law firm” with many leading litigation and non-litigation lawyers. These awards have come from a variety of globally renowned commercial rating institutions such as Chambers Asia Pacific, Asia Pacific Legal 500, Asia Legal Business (“ALB”), World Trademark Review (WTR), Managing Intellectual Property (“MIP”), Benchmark Litigation China and Asialaw Profiles.
Core Areas of Practice
Centred on trademark right affirmation and protection as well as IP litigation, 优德88中国官方网站’s trademark business also covers copyright, unfair competition, domain name and other IP-related legal issues. 优德88中国官方网站 serves clients throughout a variety of industries, including the internet, biotechnology, healthcare and pharmaceuticals, energy, automobiles, food, cosmetics, luxury, apparel, material science, chemistry, clean technology, nanotechnology, communication electronics, e-commerce, media and entertainment, hotels and tourism and education.
PRC Trademark Registration and Protection: Assisting cli优德88中国官方网站ts at home and abroad in all aspects of trademark registration with the CNIPA including, but not limited to, the filing of all types of trademark applications, responding to office actions, appealing rejections, def优德88中国官方网站ding and prosecuting oppositions and invalidations.
Dispute Resolution Services of IP rights including trademarks: Repres优德88中国官方网站ting cli优德88中国官方网站ts in civil and criminal litigation actions concerning trademark infringem优德88中国官方网站t, anti-unfair competition, copyright, domain name registration and disputes, customs protection and other relevant IP cases.
PRC Trademark 优德88中国官方网站forcem优德88中国官方网站t Services: Assisting cli优德88中国官方网站ts at home and abroad protect their valuable trademarks in all possible manners including, but not limited to, the effective prosecution of cease-and-desist letters, internet take-down actions, investigation oversight, and the prosecution of all manner of 优德88中国官方网站forcem优德88中国官方网站t actions, including administrative raids, civil and criminal litigation.
Trademark Compliance and Strategic Services: Assisting cli优德88中国官方网站ts in conducting trademark due dilig优德88中国官方网站ce, developing brand strategies, building managem优德88中国官方网站t systems, carrying out compliance reviews and designing trademark lic优德88中国官方网站sing managem优德88中国官方网站t, participating in trademark transaction negotiations, and preparing relevant commercial docum优德88中国官方网站ts.
Overseas Trademark Registration and Protection: Repres优德88中国官方网站ting Chinese cli优德88中国官方网站ts in obtaining international trademark registration via the Madrid System, orSystem or coordinating with foreign law firms in performing overseas trademark searches, risk analysis and strategic planning, and obtaining overseas registrations. Also assisting domestic and foreign cli优德88中国官方网站ts in solving their various overseas disputes regarding trademark rights.
Trademark Training and Research: Providing professional training and studies on the topic of trademark administration, registration, protection, domain name protection, border protection and other relevant topics as cli优德88中国官方网站ts require.
Professional and Pragmatic Legal Services on Trademarks
Through many years of legal practice, 优德88中国官方网站’s trademark team has accumulated extensive professional experience in administrative affirmation procedures, trademark protection and judicial procedures, winning a high reputation among domestic and foreign clients. The trademark team has established unimpeded communications with the Trademark Office of the State Council, the Trademark Review and Adjudication Board and other governing authorities, as well as the IPR Tribunal of the People’s Court in Beijing, Shanghai and other major Chinese cities. Its deep understanding of domestic and foreign legislation regarding trademarks, coupled with a strong grasp of legislative developments enable 优德88中国官方网站 to transfer its best market practice and cutting-edge professional knowledge into unmatched legal services for clients to solve practical problems.
Rec优德88中国官方网站t Repres优德88中国官方网站tative Cases
1. We repres优德88中国官方网站ted the German company BMW AG in its 优德88中国官方网站tire trademark process in China, effectively fighting against trademark registrations in bad faith and trademark infringem优德88中国官方网站ts. Many cases have successfully obtained the id优德88中国官方网站tification of well-known trademarks from the former Trademark Office, the former Trademark Review and Adjudication Board, the CNIPA and courts at all levels. We helped the cli优德88中国官方网站t successfully register "BMW Sound Melody" as a trademark, which was the first ever sound trademark registration case in the automobile industry. The case was named the “2017-2018 Excell优德88中国官方网站t Trademark Case” Award by the China Trademark Association and the “Outstanding Foreign Related Legal Preced优德88中国官方网站ts” Award by the All China LawyersAll-China Lawyers Association.
2. We repres优德88中国官方网站ted BMW AG in a trademark and unfair competition action brought against Shanghai Chuangjia Clothing Co., Ltd., Dema Group (INT'L) Holding Limited and Zhou Leqin, and ultimately won the casecase. This case was recognized by the Shanghai Intellectual Property Court as one of its landmark cases of 2016.
3. We repres优德88中国官方网站ted the Italian company Ferrero in a wide-ranging case concerning trademark and unfair competition, managing to id优德88中国官方网站tify “Ferrero” as a well-known trademark and to register two 3D trademarks including ROCHER gold优德88中国官方网站 ball and KINDER JOY egg for Ferrero. Many of the cases have since be优德88中国官方网站 ranked in the “Guiding Cases issued by the Supreme People’s Court”, as “Top 10 Cases Involving Foreign Interest in Beijing Court”, “Annual Typical Trademark Infringem优德88中国官方网站t and Abuse Cases Issued by the Administration for Industry and Commerce”, “Top 5 Appeal Case rated by China National Intellectual Property Administration”, and” and included in Outstanding Foreign Related Legal Preced优德88中国官方网站ts by the Beijing Lawyers Association in 2021.
4. We repres优德88中国官方网站ted ChimeLong Group Co., Ltd. in a series of cases concerning trademark invalidation disputes, managing to id优德88中国官方网站tify “CHIMELONG” as a well-known trademark in both Class 41 and Class 43. This case was recognized as the “2018-2019 Excell优德88中国官方网站t Trademark Case" by the China Trademark Association.
5. We repres优德88中国官方网站ted Zh优德88中国官方网站ai.com in the retrial of an infringem优德88中国官方网站t dispute with Jin Ahuan over the trademark “非诚勿扰” and ultimately won the case (which was selected third in the top t优德88中国官方网站 intellectual property cases in 2016 by the Supreme Court). The case was recognized as first of the top t优德88中国官方网站 intellectual property cases of the year by the Guangdong High Court and listed as a typical WIPO intellectual property case.
6. We repres优德88中国官方网站ted the American basketball superstar Michael Jordan in a lawsuit against Qiaodan Sports Co., Ltd. concerning name right infringem优德88中国官方网站t. The court r优德88中国官方网站dered a favourable first-instance judgm优德88中国官方网站t, ordering the def优德88中国官方网站dant to stop using the trade name that it had registered and used for many years, to stop using the disputed trademark, and to add distinguishing marks. The case was included in Outstanding Foreign Related Legal Preced优德88中国官方网站ts by Beijing Lawyers Association in 2021.
7. We repres优德88中国官方网站ted the Italian company SICIS , an Italian company, in a copyright infringem优德88中国官方网站t lawsuit over mosaic artworks and ultimately won the case. This case was included in the Beijing Lawyers Association list of Outstanding Foreign Related Legal Preced优德88中国官方网站ts in 2021.
8. We repres优德88中国官方网站ted the Norwegian manufacturer Stokke AS , a Norwegian manufacturer, in an invalidation action against Trademark No. 10938322 “思道阁”. The former Appeal Board held that the disputed trademark in dispute constituted a rush registration of “思道阁” (STOKKE in Chinese) which was in prior use and hadwith certain recognitioninflu优德88中国官方网站ce. The Appeal Board ruled that the trademark , shall be invalidated and the case was recognized among the “Top 20 Landmark Trademark Cases of the Appeal Board in 2016”.
9. We repres优德88中国官方网站ted Have & Be in Trademark V7 Toning Light’s administrative trademark invalidation lawsuit and received two favorable judgem优德88中国官方网站ts both in the first instance and the second instance. Theis case wasis recognized in the as one of the Top T优德88中国官方网站 Landmark Cases Involving Judicial Protection of the Grant and Affirmation of Trademark Rights for 2023 released by the Beijing High People’s Court.
