HOME - NEWSOn November 6, 2012, the State Administration for Industry and Commerce (SAIC) and the Ministry of Justice (MOJ) permitted law firms as trademark agencies for the first time to carry out representation. Guangxi Min Zu Law Firm was one of the first agencies to register in the China's Trademark Office of CNIPA , having coped with some typical applications and review services. Among them, YuLin Chengxin Trademark Agency Co., Ltd. rushly registered the trademark of South China Morning Post on the 16th categories of NCL [newspapers, children's books incorporating an audio component, atlases, albums, posters, books, news publications, printed publications, magazines (periodicals)]; Guangxi Nanning Wanwang E-Commerce Service Co., LTD. in the 45th categories of NCL (detective companies, domestic services, funerals, dating services, religious assembly organization, adoption agents, lost and found services, intellectual property consulting, litigation services, safe opening) had also preemptive registration of South China Morning Post. We accepted the commission to raise objections and eventually succeeded. Moreover, our office acted for Guangxi Daily Media Group Co., Ltd to apply for supplementary registration in the above categories.
On September 24, 2013, Wanwang filed an objection review. On January 8, 2015, the Trademark Review and Adjudication Board (TRAB) issued a ruling that the disputed trademark had the same name sponsored by the respondent. In addition, it also used the same or similar trademarks including SINA, Siemens, ASUS and many other international well-known ones. Therefore, it can be concluded that Wanwang has obvious intention of copying and imitating others' well-known trademarks by improper means. Such improper registrations will not only cause consumers to misidentify the source of goods or services, but also disrupt management order and fair competition, violating the principle of honesty.
South China Morning Post trademark dispute at a time when squatting behavior is becoming increasingly severe. The agency market is chaotic, widely criticized. Third Amendment to Trademark Law added the principle of good faith for the first time. Agencies shall not apply for registration of other trademarks except for their services. And it also stipulates that any trademark agency infringing on the client’s legitimate interests shall bear civil liability according to law. Specifically in this case, Wanwang’behaviors was regarded as violation of good faith principle. From the perspective of individual cases, since the implementation of the Third Amendment, scramble for registering trademark has been effectively curdled.
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