Recently, Shen Changyu, Director of the China National Intellectual Property Administration (CNIPA) held a video conference with Christian Archambeau, Executive Director of the European Union Intellectual Property Office (EUIPO).

Shen stated that the China-EU Trademark Information Exchange Agreement signed between the two offices last year was successfully implemented. China's trademark data was officially launched on the EUIPO's trademark search platform on May 19. At the same time, the EU trademark search system developed by the CNIPA has also been formally put into use.

Christian Archambeau expressed that the cooperation on the exchange of trademark data between the two offices is a long-term project. The EU trademark search system was put into operation in China, and the Chinese trademark data was officially launched on TMview, which will greatly facilitate trademark search for IP users in the two places.

The two sides also exchanged views on the Trademark Cooperation Meeting of Five Offices (TM5), the Industrial Design Cooperation Meeting of Five Offices (ID5), the China-EU IP Key project and negotiation progress of the Memorandum of Understanding between the two offices.

(Source: CNIPA Official WeChat Account)

Recently, the Science and Technology Development Center of the China National Forestry and Grassland Administration (New Plant Variety Protection Office) together with the relevant government departments signed the China-EU Strategic Cooperation Agreement on Protection of New Varieties of Plants (2021-2025) with the Community Plant Variety Office (CPVO) of the European Union (EU) during an online meeting. The agreement is the phase II cooperation agreement, also an agreement on deepening the strategic cooperation, based on the Bilateral Cooperation Agreement (2018-2020) signed between the New Plant Variety Protection Office of the then State Forestry Bureau and the CPVO of the EU in 2017.

According to the agreement, China and the EU will carry out in-depth cooperation in improving the new plant variety protection capacity of China, optimizing the examination process of the new plant variety right application in China, conducting training on new plant variety protection, and exploring and sharing the implementation and law enforcement of the new plant variety right.

(Source: http://ipr.mofcom.gov.cn/index.shtml)

Case Summary：

The disputed trademark application, application No. 3395922 " " was applied for registration on goods "Plum wine, Liqueur, Rice alcohol, Liqueurs, Cider, Sparkling wine, Whisky, Wujiapi wine, Wine, Sake, Baijiu" and the like in Class 33 on December 6, 2002 by BOHAE BREWERY CO., LTD.

The Visa Association raised an opposition against the disputed trademark based on its earlier registered trademark " " on goods "Printed bank card, Traveler's cheque" and the like in Class 16 and trademark " " on services "Credit card and debit card service, Traveler's cheque service" and the like in Class 36. The then Trademark Office ruled that the disputed trademark was approved for registration. The Visa Association requested reexamination in disagreement with the ruling. The then Trademark Review and Adjudication Board (TRAB), after examination, held that the main business of the Visa Association was far different from the designated goods such as Baijiu of the disputed trademark, and that the evidence was insufficient to prove that the registration and use of the disputed trademark would easily cause confusion and misunderstanding of the source of goods by relevant consumers, thus damaging interests of the Visa Association. For the above reasons, it ruled that the disputed trademark was approved for registration.

The Visa Association was dissatisfied with the ruling and filed an administrative litigation with the Beijing First Intermediate People's Court. The Court held that the evidence submitted cannot prove that the two cited trademarks of the Visa Association were well known to the public in mainland China and qualified as well-known trademarks prior to the filing date of the disputed trademark. A well-known trademark is recognized by the principles of on-demand recognition and case validity. Relevant facts in a prior effective judgment in which "VISA" had been recognized as a well-known trademark are different from those in the present case, and cannot serve as the natural basis for the trademark of this case to constitute a well-known trademark. The judgment of the first instance upheld the TRAB's ruling accordingly.

Entrusted by the Visa Association, Unitalen appealed to the Beijing High People's Court and the second instance litigation of the present case on its behalf, collected relevant evidence mainly on popularity of the trademark "VISA" before the filing date of the disputed trademark, including the search report from National Library and precedents, and submitted the evidence to the court of the second instance.

Judgment of the second instance:

The Beijing High People's Court, after the second instance, made the final judgment that: the evidence submitted can prove that prior to the filing date of the disputed trademark, the above two cited trademarks of the Visa Association were qualified as well-known trademarks in China, the dominant part of the disputed trademark is "VISA", which is similar to the two cited trademarks in terms of word composition, meaning, pronunciation and overall visual effect, and has constituted copy and imitation of the two cited trademarks, and the goods designated for use of the disputed trademark, such as "Liqueur", are daily goods closely related to the goods and services approved for use of the cited trademarks in terms of consumer groups, and are likely to make the relevant public think wrongly that the registrants of the disputed trademark and the cited trademarks are closely related, and confuse and misidentify the source of goods, which may damage the interests of the Visa Association that owns the well-known trademark. To sum up, the judgment of the second instance revoked the judgment of the first instance and the TRAB's ruling and ordered the CNIPA to make a new ruling.

The 2021 (5th) China Brand Bo’ao Summit co-hosted by China Business Herald Office and China Enterprise Network was held in Bo’ao, Hainan, on May 7. Unitalen received the honorary title of "China (Trade) Iconic Brand".

Recently, Unitalen donated RMB 1 million to the Jilin Charity Federation for helping students of Jilin City Experimental High School and promoting the development of middle school education. Unitalen set up an education charitable fund, i.e., "Ma Shumei Education Award Fund", in Jilin City Experimental High School in 2017, donating RMB 500,000 per year to help students in need, reward outstanding graduates, and encourage students to study. Over the years, the Fund has provided awards and financial aid for hundreds of students in Jilin City Experimental High School.

Recently, Unitalen was awarded the honorary title of "Outstanding Enterprise of Charitable Donation in 2020" by the Jilin Charity Federation.

On May 27, 2021, special training and sharing sessions "International Patent Protection for Pharmaceutical Enterprises" and "Measures for Trade Secret Protection and Countermeasures against Patent Invalidation" hosted by the China (Sichuan) Intellectual Property Protection Center, China (Sichuan) Intellectual Property Aid Center, Sichuan Branch Center of the National Overseas Intellectual Property Dispute Response & Guidance Center, and Sichuan Patent Association, and undertaken by Unitalen were held in Chengdu.

Li Zeyan, partner and patent attorney of Unitalen, gave a systematic analysis and detailed interpretation to the participating enterprises from the aspects of relevant processes involved in international patent application, translation quality control and overseas cost saving for clients.

On June 4, 2021, the Beijing Intellectual Property Office and the Beijing Patent Attorneys Association held the awarding ceremony of 2020 patent agency rating in Beijing, and Unitalen was awarded as Beijing "AAAAA Patent Agency", the highest grade, once again.