2013
Trademark applications in 2013 exceeding 1.88 million
As of the end of 2013, China saw its trademark applications totaling 13,241,337 with 1,881,546 newly filed in 2012, up 14.15% on a year-on-year basis, according to statistics of the trademark department under SAIC. By the end of 2013, trademark registrations in China have accumulated to 8,652,358, increasing from 7.656 million in 2012, meanwhile registered trademarks in force have amounted to 7,237,894, up from 6.4 million.
Statistics also show that applications of trademark opposition in 2013 reached 34,667, declining by 4.58% compared with that in 2012.
China passed new trademark law to curb infringements
China’s legislature on August 30th 2013 passed a new trademark law to crack down on infringement and ensure a fair market for Chinese and foreign trademark holders.
After three readings over the past two years, the revised law was passed at the bimonthly session of the Standing Committee of the National People’s Congress (NPC), China’s top legislature. The law adopted the principle of good faith during the registration and use of trademarks. Infringement of the trademark rights of others could result in fines worth five times the sales volume resulting from illegal business. The New Trademark Law will take effect on May 1st 2014.
SAIC combated fraudulent trademark registration and free riding
SAIC had taken an active approach in governing domestic food market and improving market owners’, registration procedures. Local AICs were urged to fully comply with applicable legislations, including laws and regulations on trademark, advertising, anti-monopoly and unfair competition, to give full play of their role as a market regulator and administrative enforcement executor.
Trademark applications in Henan reached a peak in 2013
In 2013, Henan saw its filings on trademark registrations hit 57,591, up 20%, in which 66 applications were on Chinese Well-known Trademarks. As of the end of 2013, registered trademarks in force in the province accumulated to 184,900, up 16%. With the rapid registration increment, trademark quality has also been significantly improved.
Statistics show that the number of Chinese Well-known Trademarks in the province reached 153 with 34 newly added in 2013. As many as 758 applications for Henan Famous Trademarks were submitted, with 461 approved, making the total of such marks reach 2,241.
Castel fined $5m for trademark infringement
On July 16th, Zhejiang Higher People’s Court rendered a judgment that French wine producer Castel should stop using the Ka Si Te trademark and ordered the company to pay 33,734,546.26 yuan (more than $5 million) to Shanghai Banti Wine Company and Spanish-Chinese producer Li Dao Zhi. The Court also called for Castel to issue a public apology.
It was said that this was one of the largest damage compensation seen in China in IP infringement lawsuits. This concluded the 6-year IP infringement disputes between the two parties.
Orion Company finally won the 10-year trademark suit
Liaoning Higher People’s Court ruled that due to the use of the trademark “Orion,” Jiangsu Orion Food Science and Technology Co., Ltd. (Jiangsu Orion) infringed the trademark right of Orion Food Co., Ltd. (Orion Company) and had constituted unfair competition.
The court ordered Jiangsu Orion to change its name, make an apology and pay compensation.
Gucci wins trademark case in China
Nanjing Intermediate People’s Court of China sided with Guccio Gucci S.p.A. in a dispute with Guess over trademark infringement and unfair competition activities in China. Gucci claimed that Guess and affiliates were imitating its collections and image, to the detriment of the Italian luxury brand. This was the second international jurisdiction in which Gucci had won a lawsuit against Guess, following the June 2012 ruling of a U.S. court. Other verdicts were pending in Italy and France; in June, Gucci appealed a Milan ruling that Guess’s Quattro G-diamond pattern was unrelated to Gucci’s interlocking double-G pattern.
