China Lies and spies

China Spying: It’s Everywhere

You have almost certainly heard by now that there is a massive Chinese spy balloon currently hovering over U.S. airspace in violation of international and U.S. law. Or if you actually believe the CCP, it is merely a weather balloon that went very far off course. 1. China’s Spy Balloon Will Worsen China’s Relations with

China Trademark Protection

Bad Faith TM Applicants, Bad News

The China National Intellectual Property Administration (CNIPA) has published a draft revision of the country’s Trademark Law and called for comments from the public. In our first post on the potential implications of the revised law for international brands, we looked at proposed changes to the definition of what constitutes a trademark and the absolute

International Cease and Desist Letter

Cease and Desist Letters to Protect Your IP: Just the Facts and Law

My law firm often gets calls from companies alleging “a company is selling their product under their trade name on Amazon” and asking us to send a cease and desist letter “right away” to get that company to stop violating their IP. Our typical response is to say it is seldom a good idea to

China Trademark Law

Draft Revision to China’s Trademark Law

The China National Intellectual Property Administration (CNIPA) has published a draft revision to China’s Trademark Law and called for comments from the public. In this post and others that will follow, we will look at the most significant proposed revisions and consider how they might impact foreign businesses. Today we begin by looking at some

Vietnam manufacturing lawyer

China Trademark Registration Q&A

As regular followers of this blog well know, we quite often stress the importance of registering trademarks in China, and the need to do so promptly. See for example China Trademarks: More Useful and More Necessary Than Ever. Today, I want to address some of the questions our China trademark attorneys fairly regularly get about

China trademark lawyer

Green Trademarks in China are Getting Red Lights

Green trademarks are running into red lights in China. Just about every application to register a mark that includes the word “green” is being rejected. Rumor has it that concerns over greenwashing are to blame, though given the opaque nature of the application process this cannot be confirmed. Greenwashing is the “practice of making unwarranted

Global Trademark Protection Under the Madrid Protocol

Does U.S. Trademark Law Apply Worldwide?

The United States Supreme Court has agreed to hear a trademark infringement case arising under the Lanham Act that has huge implications for manufacturers and sellers of products based outside the U.S. The case is Hetronic International, Inc. v. Hetronic Germany GMBH, et al. The case arises from a $114 million judgment for an industrial

Crypto regulation

Crypto Trademarks and China

Crypto trademarks are a no-go in China. In line with the country’s prohibitions on cryptocurrencies, the China National Intellectual Property Administration (CNIPA) will not register trademarks that describe crypto goods and/or services. Brands in the crypto space must be mindful of this reality when crafting brand and intellectual property rights protection strategies for China. China

International Trademarks

International Trade and IPR: Trademarks, Copyrights, and Patents

Intellectual Property and United States Customs 1. Trademarks and U.S. Customs Trademarks are defined in U.S. law as a word, name, symbol, device, color, or combination thereof used to identify and distinguish goods from those manufactured or sold by others and to indicate the origin and source of goods, even if said source is unknown.