ABCOR speaker 11th China trademark Festival in Yinchuan

The annual CTA China Trademark Festival is one of the biggest IP conferences in China with over a 1500 attendees. MARQUES hosted the forum ’Chinese brands go to Europe’ in order to provide guidance on protecting and managing Chinese brands in Europe which was focused on administrative and enforcement procedures. Mirjam de Werd, trademark attorney at Abcor and vice chair of the Marques China Team, was one of the speakers and presented ‘enforcement of Chinese IP right in the EU’.

Her lecture was focused on case law and best practices regarding enforcement of Chinese brands in Europe. Her main objective was to provide our Chinese colleagues as well as Chinese brand owners some tips and tricks and the latest case law in order to assist them with enforcing their IP rights in Europe.

During the forum interesting topics were discussed including the most recent amendments to the Chinese Trademark Law and the consequences for brand owners regarding their IP rights in Europe due to Brexit. Also, the perspective from several Chinese and European companies regarding brand portfolio management and brand protection strategy was presented.

The forum was officially opened by Mr. Wu Dongping, the deputy general secretary of CTA and Dr. Uwe Over, corporate vice president of Henkel AG & Co. KGaA and past chair of MARQUES. The forum was moderated by Alessandra Romeo, MARQUES external relations officer, Mr. Yunze Lian, partner of Jadong IP law firm and member of the Marques China team and Julia Hongbo Zhong, vice president of Lee and Li – Leaven IPR Agency Ltd and chair of MARQUES China team.
Mr. Günther Marten, Minister Counsellor and EUIPO IP attaché at the EU Embassy in Beijing, provided a keynote regarding EU and China governments co-operation in IP in favour of business development and economic growth and focused on Geographical indications.

The forum consisted of 2 sessions where the following speakers presented:
• Betty Wang, Deputy IP director at Tencent and member of the MARQUES China team presented ‘trademark protection of Tencent in Europe’.
• Reinout van Malenstein, senior counsel at HFG law & Intellectual property presented ‘the dragon and the lady; best practices for IP enforcement in China’.
• Dr. Uwe Over, Corporate vice president of Henkel AG & Co. KGaA presented ‘Brand protection strategies for Chinese enterprises expanding to Europe’.
• Judge Zhang Xiaojin, Chief Judge in the Second Trial Division and Member of the Adjudicatory Committee of the Beijing IP Court presented some of the cases the Beijing IP court has dealt with in the past year.

If you want to receive a copy of Mirjam’s presentation and/or more information on regarding her experiences on this festival you please contact her directly at dewerd@abcor.nl (Source image: CTA photographers - Marques class 46)

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IP quiz Trademarks

Puma is one of the bigger sports and lifestyle brands in the world. The core-business is the design, development and sale of (sports) shoes, (sports) clothing and accessories. In 1960, Puma registered an international trademark for a device designed in 1958: the formstrip. Since then, Puma has registered approximately 90 formstrip trademarks with validity in the Benelux or the European Union. Puma claims that this is a serial mark. Monshoe is a wholesaler of women's shoes and related products. The company designs and develops Monshoe shoes which it largely markets itself. Monshoe sells its women's shoes under the brands Shoecolate and Pearlz. The shoe Shoecolate is offered in various colour combinations. Puma claims that Monshoe infringes its well-known formstrip trademark. Monshoe contradicts this and states that the average consumer will not perceive the device of Monshoe on the sneakers as a trademark. And if the public will recognize a trademark in the decoration, it will not make the connection to Puma. According to Monshoe, the formstrip logo is not a well-known trademark within the meaning of the BVIE and the UMVo. There is no likelihood of confusion because the sign does not or hardly evoke any association with Puma among the public. In light of the above, who is right? Does this constitute decorative use or linking to a well-known trademark?