Trademark Infringement in China – Register your Trademark there
June 10, 2009
Trade Marks ™ ®
Simple as it may seem, but there are numerous court cases every year about trademark infringement in China.
The disputes normally arise because the Chinese High Court ruled that for trademark infringement to take place of a trademark registered outside China, that the trademark must be well known in China.
This means that the consumer public must recognize the trademark and associate it with a certain brand.
It doesn’t help if a company’s trademark is well known in South Africa, USA or Europe.
It must be well known in China. Come to think of it – it will be a long and difficult court case if you want to proof that the Chinese public is well acquainted with your trademark.
The best remedy to prevent trademark infringement in China is to simply register yours there.
Contact details for Smit & Van Wyk:
Tel:
+27 (0) 12 349 7800
Fax:
+27 (0) 86 619 0493
E-mail:
enquiries@svw.co.za
Physical Address / Courier:
Block A Apex Corporate Park
Quintin Brand Street
Persequor Technopark
Meiring Naudé Avenue
Pretoria
0184
South Africa
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Trademark Infringement Lawsuit
May 26, 2009
Attorneys, Brand Names, Intellectual Property News, Trade Marks ™ ®
If you have ever wondered why it is important to register a trademark you will agree that it is worth the effort when you read through the newspaper articles.
The watchmaker Cartier for instance, has recently launched a trademark infringement lawsuit against Apple Mac regarding a fake gold edition time displaying i-Phone by Digitopolis.
According to the French watchmaker Cartier, the trademarks of Cartier are improperly used and Apple Mac is sued for allowing the apps to be downloaded from their Apps-site.
By registering trademarks a company gains the legal right to take action against improper usage and displaying of its trademarks.
Without registration another company can cause severe damage to your company’s image and you will have no protection against misuse or improper use of your logos or branding.
Trademark Articles
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Trademark Lawsuit to make headlines
March 25, 2009
Brand Names, Intellectual Property News, Trade Marks ™ ®
Every once in a while a trademark lawsuit makes headlines. One that is worth mentioning is that of the Naked Cowboy, a well-known personality that plays guitar on the streets of New York in his trademark underwear.
He has recently made a trademark lawsuit against the makers of M&M for infringing on his trademark rights. They have displayed a clip of a cartoon character on a billboard playing an instrument in the Naked Cowboy’s trademark underwear.
The makers of M&M has since then retracted the ad. This case highlights the sensitivity around trademark usage. Even using another person’s trademark in an ad can lead to a trademark lawsuit.
If you believe that such a trademark infringement has taken place regarding your brand, don’t hesitate to contact us for assistance.
Click here to REGISTER A TRADEMARK
Contact Details for Smit & Van Wyk
Tel:
+27 (0) 12 349 7800
Fax:
+27 (0) 86 619 0493
E-mail:
enquiries@svw.co.za
Physical Address / Courier
Block A Apex Corporate Park
Quintin Brand Street
Persequor Technopark
Meiring Naudé Avenue
Pretoria
0184
South Africa
Click here to REGISTER A TRADEMARK
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Trademark Infringement
October 26, 2008
Trade Marks ™ ®
Basically, infringement is the unauthorized use of a trademark without the trademark owners permission. The main issues in a trademark litigation case are whether the plaintiff has a protectable right in the mark; and if the plaintiff does have a protectable right, is there infringement as judged by the likelihood of confusion as to source, endorsement, affiliation or sponsorship of the product. Likelihood of Confusion Likelihood of confusion means that confusion is probable.
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