Thank You

You are now registered for our Rouse Insights Newsletter

News & Cases from China: November & December 2021

Published on 26 Jan 2022 | 5 minute read

CNIPA’s Trademark Examination and Trial Guide (No. 462) Comes into Effect



The detailed guidelines for Trademark Examination and Trial, which were issued by China’s National Intellectual Property Administration (CNIPA) in November 2021, came into effect on 1 January 2022.  They represent a significant development in trademark regulation in China, expanding considerably the previous Trademark Examination and Trial Standards, which they supersede.

The Guidelines are divided into two sections: the first, comprising 25 chapters, provides detailed guidance in relation to all aspects of trademark examination as well as clarifying standards for trademark renewal, alteration and transfer.  It also explains procedures relating to Madrid trademark international registration applications and oppositions.

The second section, comprising 19 Chapters, provides substantive guidance, including by way of illustrative cases, in relation to the principles, scope and basic concepts of trademark examination and trial; dealing, in particular, with important issue such as bad-faith trademark applications, which have in the past created particular problems.  







在“商标审查审理编” 的19章内容中,规定了商标审查审理原则、范围和基本概念,针对不以使用为目的的恶意商标注册申请、抢注他人在先使用商标等情形,明确了法律依据、释义、适用情形、考虑因素,嵌入了指导案例。






Jagermeister Invalidates ‘Yege Hagoles’ Trademark


Jagermeister is a well-known herbal digestif liqueur produced by the German Jagermeister Company.  In China, the Jagermeister liqueur is known as ‘Ye Ge’.  Jagermeister Company registered various trademarks in China in relation to alcoholic beverages in Class 33, including ‘Ye Ge’:

No. 5614224 Jagermeister’s ‘ Ye Ge ‘ trademark.

It subsequently discovered that a third party had registered the trademark ‘Yege Hagoles’ in relation to alcoholic beverages in Class 33.  Jagermeister applied to the CNIPA to invalidate that registration:

No. 31027236 ‘ Yege Hagoles’ trademark.

CNIPA determined that the disputed No. 31027236 ‘Yege Hagoles’ trademark had been approved for use in relation to liqueurs, including the Japanese distilled beverage shochu, and other related products i.e.  products identical to the products in relation to which Jagermeister’s ‘Ye Ge’ mark No. 5614224 was registered.  The text, composition and pronunciation of the marks were similar, and the ‘Yege Hagoles’ mark contained within it the entire ‘Ye Ge’ mark in Chinese characters. It was likely that consumers would be confused and misled as to the origin of the goods and the disputed mark should be invalidated.










国家知识产权局在裁定书中认定,争议商标(即第31027236号“野格哈古雷斯”商标)指定使用的‘烧酒;利口酒’等商品与引证商标(即第5614224号‘野格’商标)核定使用的‘烧酒;利口酒’等商品属于同一种或类似商品,争议商标“野格哈古雷斯”完整包含引证商标‘野格’,双方在商标文字构成、呼叫上相近,已构成近似标识, 同时在上述同一种或类似商品上,易使消费者对商品来源产生混淆误认,最终争议商标被宣告无效。


Tencent Awarded Compensation of 25 Million Yuan (approx. US$ 4,000,000) in Copyright Infringement Action against GwebTop, Hero Entertainment and other Defendants


Tencent, the Chinese multi-national technology and entertainment conglomerate, owns the rights in a hugely successful online shooter game, Crossfire.  It discovered that a competing game, Crisis Action, developed by GwebTop Company and published by Hero Entertainment Company, contained artistic images comprising multiple game maps, small maps, and multiple props and firearms that were the same as, or substantially similar to, those in the Crossfire game in terms of operating structure, layout settings, color matching, and modeling design. It commenced a copyright infringement action in the Shenzhen Intermediate People’s Court against seven companies involved in the development, promotion and operation of the Crisis Action game, seeking an injunction, an apology and compensation of 98 million yuan (approx. US$ 15,500,000).

The court of first instance held that the six game maps in Crisis Action were substantially similar to the game maps in Crossfire and infringed copyright.  It ordered GwebTop Company and Hero Entertainment Company to compensate Tencent in the sum of 45 million yuan (US$ 7,117,000).

Both the Plaintiff and the Defendants appealed to the Guangdong Higher People's Court. The Guangdong Higher People’s Court held that four of the game maps in Crisis Action reproduced images contained in the Crossfire game, and that GwebTop Company and Hero Entertainment Company had violated Tencent's reproduction right and information network transmission right. It ordered the Defendants to cease the infringement and compensate Tencent for economic losses, in the sum of 25 million yuan (US$ 4,000,000).






资料来源:中国知识产权资讯网  2021-12-16



CNIPA Suspends or Revokes licences of Nine Patent Agencies

Following a strengthening in supervision of patent agencies, CNIPA recently revoked or suspended the licences of eight patent agencies for having filed a large number of irregular patent applications i.e. applications that do not aim to protect innovation, or the contents of which are obviously the same as, or plagiarize, existing technology or designs, or involve a simple substitution of materials, components, proportions, components, etc. Such applications constitute ‘abnormal applications’ for the purposes of the Provisions on Standardizing Patent Application Behavior. The above-mentioned eight agencies had been “engaging in abnormal patent applications and seriously disrupting the order of patent work” as stipulated in Article 51 of the "Administrative Measures for Patent Agents". This constitutes "negligence in management, causing serious consequences" and "serious circumstances" as stipulated in Article 25 of the "Patent Agency Regulations".

CNIPA imposed administrative penalties on these agencies, revoking their practice licenses or ordering them not to undertake new business for 6 to 12 months, depending on the nature of their activity.

It revoked the licence of a ninth agency, which had fabricated utility model patents, and received unlawful income.






资料来源:国家知识产权局  2021-12-22

30% Complete
Rouse Editor
+44 20 7536 4100
Rouse Editor
+44 20 7536 4100