NTD Helps Two International Brands Secure Their First-Ever WKTM Recognition in China in the Final Quarter of 2023
We proudly announces our successes in obtaining well-known trademark (WKTM) judicial recognitions for two prestigious international brands during the last quarter of 2023.
Achieving the esteemed recognition of a WKTM in China is a formidable task. This accomplishment comes with numerous advantages, such as enhanced protection, commonly known as "cross-class protection," and safeguards against dilution. However, Chinese judicial and administrative authorities have established remarkably stringent criteria for proving a trademark's renown. This rigorous demand implies that even brands with worldwide acclaim frequently encounter substantial obstacles when seeking recognition as a WKTM in China.
In a groundbreaking legal triumph, NTD has successfully assisted our client, a venerable Japanese heavy machinery brand, in winning a significant judicial victory against a Chinese copycat. The first-instance verdict received in October 2023 can be considered as a full acknowledgement of NTD’s efforts in that case. The court recognized the Japanese brand as a WKTM in China, and also mandated the cease of infringement by the Chinese copycat, the alteration of its imitating corporate name, and the imposition of damages amounting to up to 25 million RMB. This marks the first official recognition of the Japanese brand as a WKTM by Chinese authorities. Moreover, publicly available information suggests that the awarded damages in this case may likely set a new record for the highest compensation granted to a Japanese company for trademark infringement in China. (The case is currently in the second instance, and we will inform you of further developments.)
Following that, in a judgment received in November 2023 from Hangzhou Intermediate People’s Court, NTD once again assisted another client, a renowned international hotel brand, in winning their first-ever WKTM recognition in China. Continuing on its streak of successes, a month later NTD won the second WKTM recognition for the same client from the Beijing IP Court, which, being the exclusive jurisdiction court for trademark administrative litigation in China, is widely recognized and respected for its highquality and authoritative judgments in the field of intellectual property.
With the ability to navigate complex legal landscapes and protect the intellectual property rights of our clients, NTD's continued victories have added to our track record of successful legal outcomes, reinforcing the notion that our accomplishments are anything but coincidental. NTD has cultivated an extensive array of well-established experiences and solutions, encompassing tasks from the evaluation and analysis on cases to the strategic selection of the most fitting litigation strategy. We aid clients in a seamless and efficient manner, facilitating the accumulation of substantial evidence supporting the recognition of WKTM. This comprehensive approach ultimately contributes to the attainment of a successful verdict acknowledging the status of a WKTM.
领英推荐
Mr. Yang graduated from the University of International Business and Economy with a Master of Law in 2008, and then joined NTD to engage in intellectual property legal services. Later, he went to Chicago-Kent College of Law and earned LLM degree. Mr. Yang focuses on Trademark, anti-unfair competition, copyright, litigation and administrative enforcement, arbitration, investigation, customs detention, contract and negotiation, domain name dispute resolution, enterprise IP strategy and general legal consultancy.
The cases represented by Mr. Yang have successively won such honors as 2021 Best International Legal Service Cases by Beijing Bar Association, 2021 TOP litigation cases by Beijing Trademark Association, Sichuan Court Top 10 IP cases in 2020, Henan Court Top 10 IP cases in 2014, 2014 TOP 10 IP cases with the highest public attention, and National Excellent Trademark Cases Awards in 2015 elected by China Trademark Agency Association. He was selected as the 2021 China Excellent IP Lawyers TOP 50, 2021 Talent International Lawyers by Beijing Bar Association, and the 2014 -2018 Excellent Young Lawyer of Xicheng District of Beijing.
In June 2017, Mr. Yang was interviewed by NPR about Trump's trademark protection in China.
E-mail: [email protected]
Ming Pan has been worked with NTD after graduating from RenMin University of China in 2013. Ms. Pan has provided service for many well-known companies at home and abroad. The area of legal service she provides including trademark civil litigation, anti-unfair competition litigation, trademark administrative litigation, administrative raid action, online takedown of counterfeits, UDRP complaint on domain name dispute, domain name litigation, copyright registration, Customs IP protection matter, contract review, etc.
E-mail: [email protected]
Jane LI has been working in NTD since September 2013. She has been providing legal services related to intellectual property for many famous enterprises at home and abroad.
Her areas of expertise involve trademark/copyright infringement litigation, unfair competition litigation, trademark administrative litigation, investigation, administrative complaint and raid action, trademark assignment negotiation, border protection, internet infringement monitoring and complaint, copyright registration, domain name dispute and other legal consultation related to intellectual property. In many years of practice, she has represented many famous Chinese and foreign enterprises in the litigation of trademark, copyright and unfair competition disputes.
E-mail: [email protected]