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The Application of Law and Case Study on the Prevention of Malicious Trademark Registration
--- Prevention and preparation agaist maliciious trademarks ---- The present seminar is for indivisuals and companies who are interested in IP situations in China. Lecturers will do their best for more understandable and more informative contents. In the past, "OKAYAMA" Trademark registration in China was on the news with a big surprise. In oder to handle such trademarks, the following grounds may apply. 1. Violation of principle of good faith and fair dealing (No to unfairness) (Civil Law and Trademark Law, Article 7) 2. Protection of well-known trademarks (Protect famous brands) (Trademark Law, Article 13) 3. Malicious trademarks by representative/agent (Agent should not be trademark owner) (Trademark Law, Article 15) 4. Malicious trademarks by trademark agencies (Agencies should not be trademark owners) (Trademark Law, Article 19) 5. Protection of prior trademark rights (Owever's consent and prevention of confusion) (Trademark Law, Article 30) 6. Protection of other prior rights, e.g. copyright (Utilize other prior rights) (Trademark Law, Article 32, First half) 7. Prevention of maliciious trademarks with certain influence from prior use (No maliciious registration of known trademarks) (Trademark Law, Article 32, Second half) 8. Invalidation under absolute grounds, e.g. unrecognizability (Public reasons not for registration) (Trademark Law, Article 44) 9. No known foreign geographical name or administrative district (No to "OKAYAMA") (Trademark Law, Article 10) Please refer to the following trademarks as examples of the above. Trademark No. 21400166:  Trademark No. 5980608:  Trademark No. 10476982:  Trademark No. 7679143:  Trademark No. 20760182:  Trademark No. 14716506:  Trademark No. 12885544:  Trademark No. 3747592:  Trademark No. 9801980:  Trademark No. 11353810:  Concrete measures to handle a case upon finding will be explained. In addition, the fourth revision of the Trademark Law (in force on November 1, 2019) will be explained briefly. In addition, it is desiable to utilize well intellectual property rights such as patents, utility models, designs as well as trademarks. In the Chinese market where the annual numbers of intellectual property applications and lawsuits become No. 1 in the world, they should be utilized strategically. Annual numbers of civil lawsuits in respective categories  from: https://www.globalipdb.inpit.go.jp/statistics/14593/ Ranking of international patent applications in the world by the country  from: https://www.globalnote.jp/post-5380.html The seminar will be made in English and Japanese and Mr. Aikawa will be a moderator and translator. Lecturer: Mr. Wei Dong, Esq. Lecturer: Minghui Zhang, Esq. Firm: P.C.& Associates Sponsor: Kasahara Patent Trademark Office Sponsor: Orion International Patent Office Date: From 2:00pm to 4:00pm on June 20, 2019 (Thursday) Venue: Conference room near Okayama Central Post Office (the address will be notified indivisually to the person who applies the seminar.) Cost: None Please contact Mr. Aikawa for reservation. Updated: May 31, 2019 |
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Please contact Mr. Aikawa. |