saw the People ' s Republic
1997 of China acknowledge and protect Intellectual Property Rights
the importance of obtaining trade mark protection in China at the earliest possible stage cannot be overstated
Sports Co , using the Chinese characters for ‘ Qiaodan ’ – Jordan ’ s surname in Chinese – on its merchandise along with a silhouette of a basketball player resembling the ‘ Jumpman ’ logo used to promote Nike ’ s Air Jordan range . The basketball legend argued that the company was misleading consumers about its ties to him and filed an appeal to China ’ s highest court after his claims were rejected by two lower courts . Three of the Chinese trade marks registered by Qiaodan Sports Co are to be cancelled as a result .
Reputation is everything In another ruling , Apple objected to a Chinese company Xintong Tiandi trying to register the trade mark IPHONE in relation to leather goods such as mobile phone covers . As Xintong Tiandi ’ s goods were not similar to the electronics goods for which Apple had registered its IPHONE trade mark back in 2002 , Apple relied on special protection granted to ‘ well-known ’ trade marks .
This failed because Apple was unable to prove that its iPhone brand was reputed in China before Xintong Tiandi Technology applied for the trade mark in 2007 . Apple ’ s iPhone was only released in China in 2009 , so had not acquired a reputation at the 2007 date . While this may seem unfortunate for Apple given the now mighty reputation of the iPhone , it is a common feature of trade mark cases . Even in Europe , the courts rule on the existence
( or absence ) of reputation at a particular date . This can lead to results that , although rational and correct , seem counter-intuitive .
Early IP registration recommended
When it comes to launching a new business , the importance of obtaining early trade mark protection in China cannot be overstated . In general , failure to engage early with China ’ s intellectual property system often lands foreign companies in hot water , as it is still common practice for Chinese companies to try to register foreign brands in their own name . With the legal system offering increasingly robust protection of rights , no matter who owns them , it is all the more important to seek advice and obtain brand registrations at the outset . If you do not have registered IP rights in China , then you cannot claim the improving protection that the regime offers . ■
Haseltine Lake has a reputation for obtaining IP protection all over the world : haseltinelake . com
EUROPEAN PATENT AND TRADE MARK ATTORNEYS
Releasing the power of your IP
Whether you are using IP for competitive advantage , to secure licensing revenue or to improve investor satisfaction , Haseltine Lake can help get you the IP protection you need . With decades of experience helping technology companies to protect their innovation , and with a team of highly qualified patent attorneys across four European offices we have what it takes to unlock the power of your intellectual property .
Email advisor @ haseltinelake . com Telephone 0117 910 3200
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