NEWS & PUBLICATIONS
Watson & Band Partner Shares Insights on Enterprise Trademark Management and Protection Strategy
Mon Jun 24 17:14:00 CST 2019 Published by:Editor

On the afternoon of June 20th, the 88th “IP TALK” salon was successfully co-hosted by Shanghai Pudong Intellectual Property Association (SPIPPA) and the Shanghai International Trade Intellectual Property Rights Overseas Enforcement Services Base, in a conference room at the Watson & Band Shanghai headquarters.

 

At this salon, Watson & Band partner, Mr. Liming Zhang, was invited as a special lecturer to share his practical experience on the theme “Enterprise Trademark Management and Protection Strategy”.

 

Mr. Zhang started with the topics of trademark statistical data, the rapid growth in trademark applications, and the slowdown in trademark application increments, presenting the current environment and overall trends of trademark application to the audience. Afterwards, he focused on three topics including how to set trademark portfolios under the said environment, how to respond to preemptive trademark registrations, and how to manage trademarks.

 

Regarding how to set the enterprises’ trademark portfolios, Mr. Zhang introduced the two forms involved in trademark portfolios in mainlandChina, namely defensive trademarks and associated trademarks. In addition, he also introduced the three systems applicable for trademark portfolios overseas: the single country system, the Madrid system, and the regional organization system, and pointed out issues to keep in mind when using each of these systems.

 

In response to the issue of preemptive trademark registrations, Mr. Zhang began by listing and analyzing several typical cases where profits were gained based on prior registered trademarks; afterwards, he also provided a detailed list of recent landmark cases involving preemptive trademark registrations. For example, cases involving (i) trademark hoarding, as specified in Article 44 of the Trademark Law; (ii) infringement of prior rights, as specified in Article 32; (iii) malicious registration of similar trademarks, as specified in Articles 30 and 31; (iv) imitation of well-known trademarks, as specified in Article 13; (v) deceptive trademarks likely to mislead the public, as specified in Article 10; and (vi) those violating the principle of good faith, as specified in Article 7.

 

Regarding the issue of trademark management, Mr. Zhang discussed the topic from the perspectives including standardized use, establishment of trademark archives, preservation of evidence of use, and trademark renewal. In all stages of the process, including registration, management, publicity, monitoring and maintenance, he pointed out issues for the audience to keep in mind in their everyday business management process, so that the enterprises would avoid undesirable passive situations.

 

A total of over 40 legal counsels or senior managers attended this salon. Mr. Zhang’s practical advice was well received and highly recommended among the audience.


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