Cases-AFD China

Secrecy Review (Foreign Filing License) in China

2022-05-27

China’s Secrecy Review (Foreign Filing License) is very important and should be at the top on the checklist of foreign filing for an invention made in China. Failing to meet such requirement will cause the corresponding Chinese patent application rejected or patent invalidated. >> More
AFD Case Study – Strategy on Providing Use Evidence against Three Year Non-use Registration Cancellation

2022-04-19

Article 49(2) of the Trademark Law of China provides that where a registered trademark has not been used for an uninterrupted period of three years without justified reasons, any entity or individual may request the Trademark Office to cancel the registered trademark (here... >> More
AFD Case Study – Proper Application of Articles 4 & 7 of Trademark Law in Opposition Proceedings

2022-01-12

According to the Trademark Law of China, the main legal bases for right holders to file a trademark opposition include Article 15 (agent-client relationship, other business relationships), Article 30 (prior registration), Article 31 (prior application), and Article 32 (pri... >> More
AFD Case Study – Helping Client Obtain Trademark Registration by Successfully Requesting and Winning Retrial Case at Supreme Court

2021-10-12

How can a right holder defend their legitimate rights when their trademark that has been used in the Chinese market for many years and has gained high popularity is preemptively applied for registration in China by others >> More
AFD Case Study - Application of Article 30 of the Trademark Law

2021-06-25

PrefaceExamination on trademark similarity is an important part of trademark examination. If a trademark applicant deliberately makes a slight alteration to a registered trademark of others and then applies for registration of the altered trademark, such altered trademark ... >> More
AFD Case Study - How to Handle Preemptive Trademark Registration Filed by Intended Distributors

2021-05-14

During the prosecution of trademark applications, it’s quite often that the real users of the trademarks find that others have already preemptively registered the trademarks. Some of the "others" may be strangers to the real users of the trademarks >> More
New Capsicum Varieties Infringement Case Opens for Hearing

2021-04-15

The plaintiff, in this case, Syngenta Seeds (Beijing) Co., Ltd. (Syngenta for short), owns the right to a new variety of pepper named "Marceau". >> More
AFD Case Study - Choosing the Right Time to File a Request for Three Year Non-use Registration Cancellation

2021-04-02

In the process of a trademark registration application, the applicant is likely to encounter the obstacle posed by a "cited trademark". >> More
Peppa Pig Declared Famous Trademark in China; Defendant Asked to Pay Brand owner $4,600 as Compensation

2021-03-26

A defendant was ordered to pay 30,000 yuan ($4,613) over Entertainment One UK Ltd (eOne)'s losses for Peppa Pig trademark infringement, with Peppa Pig having been declared a well-known trademark in China, according to Shanghai Intellectual Property Court on Thursday. >> More
Gree Sued Aux Air Conditioning and Jingdong for Infringement of Invention Patent Rights

2021-03-02

Zhuhai Gree Electric Co., Ltd. (hereinafter referred to as "Gree Electric") added a new judgment document. The cause of the case was a dispute over the infringement of invention patent rights. The plaintiff was Gree Electric, and the defendants were Ningbo Aux Air Conditio... >> More

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