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Tag Archives: TRAB

A step in the right direction: China’s TRAB launches new trademark review hearing system

Under the Chinese Trademark Law, the Trademark Review and Adjudication Board (“TRAB“) decides on review procedures filed against decisions by the Trademark Office. Up to date, these TRAB review procedures were strictly written procedures. Even though the possibility of holding a hearing was written into the existing legislation, hearings were in practice never held. This

China: President-Elect Trump winning trademark battles?

Background. President-elect Donald Trump has joined the ranks of celebrities such as Allen Iverson, Michael Jordan -and even James Bond (!)- in taking up the hatchet against China’s notorious trademark squatters. These trademark squatters typically use and abuse the first-to-file rule: i.e. the first person to file for a mark (and not use a mark,

China: Kung Fu Panda’s ‘merchandising right’ knocks out trademark squatter

The Beijing Higher People’s Court recently rejected a trademark application for the word mark “Kung Fu Panda”, filed by a trademark squatter, which was opposed by animation studio DreamWorks. Interestingly, the rejection was primarily based on DreamWork’s ‘merchandising right’. This is one of the most recent and strongest recognition of a merchandising right as a

Specialized IP courts in China are open for business

As we reported earlier in Specialized IP Courts in Beijing, Shanghai and Guangzhou: Paving the way to more efficient IP litigation?, on August 31, 2014, China’s Standing Committee passed a decision concerning the establishment of specialized IP courts in Beijing, Shanghai and Guangzhou. These three jurisdictions were not picked at random; they are three of