德鸿资讯
作者:
发布时间: 2024-11-21
D&H successfully defended the foreign clients’ tradename rights
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"We are delighted to see our clients’ t tradename rights have been well defended once again. This success is attributed to the professional and meticulous efforts of our IP team, coupled with the unwavering trust and perseverance demonstrated by our clients. Additionally, we commend the remarkable efficiency and competence displayed by our country's market supervision administrations which showed their equal protection of the legitimate rights and interests of both Chinese and foreign entities."


A local Market Supervision Administration in Jiangsu Province recently issued an administrative ruling decision that fully supported our claim on behalf of our clients. It ordered the infringing Jiangsu-based company to stop the infringement and change its company name within 15 days. The Jiangsu company complied with the order and completed the name change registration accordingly. 


This case is another successful example of our firm’s IP team handling similar administrative complaints in recent years. The case took more than a year and was full of twists and turns. The lawyers Grace Jin and Kristen Lei demonstrated their professionalism and perseverance, earning the client’s full confidence. With their joint efforts, they finally achieved the expected outcome and successfully protected the client’s trade name right in China.


Our clients are two prestigious global companies that produce high-end instruments. Their trade names (i.e., company names) and registered trademarks have earned a solid reputation in the industry.


The infringer is a company registered in Nanjing City, Jiangsu Province in 2020. It directly incorporates the Chinese trade names of our clients as its company name. Moreover, it has registered a series of Chinese character trademarks in multiple categories using the Chinese tradenames of our two clients.


Our clients followed the advice of our IP team and entrusted us to pursue an administrative complaint against the infringer Jiangsu company.


The Jiangsu company tried to evade the penalty by changing its address after we filed the administrative complaint to the Market Supervision Administration in Nanjing, where the Jiangsu company was registered. As a result, the Nanjing authority had to return all the case files to us. 


We convinced the clients to entrust our IP team to file a new complaint to the Market Supervision Administration in Lianyungang, where the Jiangsu company had relocated.


After 18-months hard work, we have finally achieved a favorable outcome. The Market Supervision Administration in Lianyungang City issued an administrative ruling decision, stating that the Jiangsu company’s malicious use of our clients’ trade names violated the “Enterprise Name Registration Management Regulations” and ordering them to change their company name within 15 days. Now the Jiangsu company has completed its name change.


The favorable result was achieved thanks to the professional and meticulous work of our IP team, the trust and perseverance of our clients, as well as the efficiency and competence of our country’s intellectual property and market supervision administrations which showed the equal protection of the legitimate rights and interests of both Chinese and foreign entities.  

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