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No.106¡¡Dec.28, 2014
 
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Shennongjia Scenic Area in Hubei
 
In this issue
China will enable the 2015 Text of the tenth edition of Nice Classification
Notice on handling trademark registration applications accepted before the implementation of new Trademark Lawyet in need for correction
Guangzhou Intellectual Property Court formally established
Unitalen won "2014 Contribution Award" of Union of Beijing Business Services
Unitalen awarded with "Outstanding Contribution Award for 25 years of Project Hope"
"Bear Tool" trademark and unfair dispute by Unitalen Law Firm won
 
 
 
China will enable the 2015 Text of the tenth edition of Nice Classification

 
On December 29, 2014, it was noted from the website of Trademark Office of Chinese State Administration for Industry and Commerce that, according to the requirements of WIPO, members of the Nice Union will officially adopt the 2015 Text of the tenth edition of Nice Classification from January 1, 2015, referred to as NCL (10-2015). On this basis, Trademark Office of the State Administration for Industry and Commercehas adjusted Similar Goods and Services Classification Table correspondingly, and published the revised content which will take effect on January 1, 2015. Various departments will refer to this text to prepare for enabling the new text of classification.
 
 
Notice on handling trademark registration applications accepted before the implementation of new Trademark Lawyet in need for correction

 

Before the implementation of the new Trademark Law Implementing Regulations on May 1, 2014, for the trademark registration applications issued with Notice of accepting applications for trademark registration yet in need for correction, if it is not corrected in time or not as required, the Trademark Office will deem them as waived in accordance with the original PRC Trademark Law Implementing Regulations implemented since September 15, 2002, and notify the applicant in writing.

Notice is hereby given.

Trademark Office

December 3, 2014

 
 
Guangzhou Intellectual Property Court formally established

 
Guangzhou Intellectual Property Court was set up in Luogang District on December 16, 2014. Xu Chunjian, vice president of Guangdong High People's Court, said the court would implement inter-regional jurisdiction, and formally accept civil cases involving intellectual property on December 21.

It is reported that Guangzhou Intellectual Property Court is one of China's first three professional bodies for IPR trial approved by NPC Standing Committee, with six internal divisions including case-filing courtroom, patent courtroom, copyright courtroom, trademark and unfair competition courtroom and one direct administrative unit of judicial police detachment.

Yang Zongren, the first president of Guangzhou Intellectual Property Court, member of Judicial Committee and judge, introduced that the court will mainly carry out inter-regional jurisdictions of first instance civil and administrative cases of patents and computer software in Guangdong(except Shenzhen) in the next three years; and jurisdictions of the appeals from Guangzhou local courts at first instance in regard to copyrights and other IPR civil and administrative cases.

 
 
Unitalen won "2014 Contribution Award" of Union of Beijing Business Services

 
On the afternoon of November 28, 2014, Union of Beijing Business Services held the "Annual Thanksgiving Meeting of Union of Beijing Business Services" in Beijing. In the annual award ceremony, Unitalen was awarded with "2014 Annual Contribution Award."

Union of Beijing Business Services is a hub organization established to promote the development of Beijing's business services, providing a full range of business services for enterprises. Sponsors of the Union consist of more than 100 business service organizations in nine major categories, including investment management, law firms, intellectual property services, advertising and exhibition industry, most of which have become the leading enterprises in the industry.

At the annual meeting, the Union established the "2014 Annual Special Contribution Award" and the "2014 Annual Contribution Award", to appreciate the efforts and assistance provided by the members for the construction and development of the Union at inception. As vice chairman unit of the Union, Unitalen will continue to provide IP services for members, and full support for the work of the Union.

 
 
Unitalen awarded with "Outstanding Contribution Award for 25 years of Project Hope"

 
Recently, China Youth Development Foundation held "25 Years of Project Hope and New Charity Projects" in Beijing, and awarded 179 long-term donation enterprises and cooperative units and 23 individual donors. Unitalen was awarded with the "Outstanding Contribution Award for 25 Years of Project Hope".

2014 is the 25th anniversary of Project Hope. Over 25 years, there have been a large number of businesses and individuals enthusiastic for the cause of Project Hope. Unitalen has persistently kept its promise of ¡°One Hope Primary School in one year¡± in the past ten years. Currently Unitalen has donated 10 Hope primary schools, and is listed as an important partner by China Youth Development Foundation, in joint effort to improve basic education facilities in rural areas and the learning environment for rural youth.

Since its inception in 1994, Unitalen has actively participated in various charitable activities. In addition to donating Hope Primary School, Unitalen has also made donations for Wenchuan Earthquake, Yushu Earthquake, severe drought in the Southwest and other emergencies.

 
 
"Bear Tool" trademark and unfair dispute by Unitalen Law Firm won

 
In January 2014, the world-renowned tool manufacturer - Finnish Fiskars (Fiskars Brands Inc) (hereinafter referred to as Fiskars Corporation) filed a trademark infringement and unfair competition litigation in Yangjiang City Intermediate People's Court of Guangdong Province, which was acted by Unitalen .

Fiskars Corporation is a global leader of home furnishing, gardening and outdoor products, with products famous for practical and cutting-edge design, which has accumulated good social reputation. In 1987, Fiskars acquired the American GERBER Company.

GERBER Company was founded in 1939. Through times, GERBER has always been synonymous of superior quality tool products, especially in recent years, it cooperated with Bear Grylls who¡¯s the famous outdoor survival expert and presenter of Discovery Channel "Man vs. Wild" in R & D, and produced Bear Grylls survival knife, making a wide range of market success.

It is understood that, as China's main tool production base, several companies including Jiajiale Tool Shop in Dongcheng Town of Yangdong County, Xuli Sword Crafts Distribution Store in the downtown of Yangdong County and Xuli Hardware Products Co., Ltd in Yangdong County, are suspected of making and selling "GERBER" tools. The trademark rights holder of "GERBER" -Fiskars¡¯s choice of Yangjiang City Intermediate People's Court for proceedings, gives a powerful strike to the tremendous trademark infringements and unfair competition by local businesses in Yangjiang.

Li Hongjiang and Jing Can from Beijing Unitalen had a detailed analysis of the case in this litigation, and developed a comprehensive action plan: that is, the purpose of litigation is not just to stop trademark infringement, but to combat various unfair competition and counterfeiting in the market. So in the lawsuit requests, in addition to require the defendant to stop trademark infringement, Fiskars also requires the defendant to stop the use of same or similar name or decoration of the plaintiff ¡¯s famous commodity "GERBER".

Yangjiang City Intermediate People's Court recently made the first instance judgment: the tools made and sold by the defendants-Jiajiale and Xuli and their use of ¡°¡± and ¡° ¡± trademark on the packing, are exactly the same as the registration trademark of ¡°¡± and ¡°¡± previously registered by the plaintiff-Fiskars in sound, form and meaning, both of them are visually undifferentiated, so the defendant has constituted trademark infringement. More importantly, the judgment at the same time recognized that the commodity name and decor of the image of Bear Grylls made and used by Fiskars are the specific name and decor of famous commodity in accordance with provisions of Article V of Anti-Unfair Competition Law; in the overall visual effect, the position, pattern scale, pattern style, color and location of the defendant¡¯s picture constitutes proximity with the special visual effect formed by the unique name and decor of the plaintiff's¡¯ well-known commodity, and the behavior of the defendant can easily cause public confusion and misidentification. In addition, the tools sold by the defendant have been marked with "FISKARS" and the origin of "Made in USA", "Hong Kong Company", which allows consumers to mistakenly believe that the goods sold by the defendant are from "Columbia" and "America", or the manufacturer is "Hong Kong Company", which is suspected of "false propaganda". Based on the above, the Court considers that the defendant's conduct has constituted unfair competition. So far, Fiskars¡¯ claims in this case were all supported, fully reaching its purposes. It is understood that the case is just the beginning of Fiskars to protect its legitimate rights and interests through litigation means in China.