Legal services for trademarks, plays an important role in Junhe’s intellectual property right (IPR) business. Junhe strongly supports its clients to maximize their brand value by providing full-process professional legal services on trademarks, including assisting clients with the registration, use and protection of their trademarks. In Junhe’s ability to provide for all-round legal services in commercial law, the trademark team independently provides professional and high-quality services on trademarks and relevant issues for domestic and foreign companies, but also offers efficient support for other teams in Junhe whenever they come across legal issues about trademarks and other relevant fields.
Junhe’s trademark teams knowledge and experience is deep and rich. The team consists of three partners and 20 associates. All have graduated from top-tier domestic and overseas law schools. The partners each have over 20 years of work experience. A number of the teams members have served on the People’s Court Intellectual Property Tribunal , Trademark Review and Adjudication Board, Trademark Office as well as other relevant government offices.
Junhe’s IPR team and its partners are highly regarded and award winning. For many years Junhe has been widely recognised as a “leading law firm” with leading litigation lawyers as well as non-litigation lawyers. These recognitions and awards have come from a variety of globally-renowned commercial rating institutions including: Chambers Asia Pacific, Asia Pacific Legal 500, Asia Legal Business (“ALB”), World Trademark Review (WTR), and Managing Intellectual Property (“MIP”).
Core Areas of Practice
PRC Trademark Registration: Assisting clients at home and abroad in all aspects of trademark registration including, but not limited to, the filing of all types of trademark applications, responding to office actions, appealing rejections, defending and prosecuting oppositions and invalidations.
PRC Trademark Enforcement: Assisting clients at home and abroad protect their valuable trademarks in all possible manners including, but not limited to, the effective prosecution of cease and desist letters, internet take-down actions, investigation oversight, and the prosecution of all manner of enforcement actions, including administrative raids, civil and criminal litigation.
Trademark Commercial Practice: Assisting clients commercially exploit their trademarks in all possible manners including the negotiation and formation of favourable licensing agreements, franchising agreements, or, alternatively, help them avoid the franchising regime. Provide support and advice in advertising and privacy areas.
Overseas Trademark Registration and Protection: Represent Chinese clients in obtaining International Trademark Registration via the Madrid System, or coordinate with foreign law firms in obtaining national registrations. Also assisting domestic and foreign clients solve their various overseas disputes regarding trademark rights.
Training and Study of the Trademark: Provide professional training and studies on the topic of trademark administration, registration, protection, domain name protection, border protection and other relevant topics as clients require.
Trademark Consultancy: Assist enterprises to develop their brand strategies, draft trademark management system, analyse the counterparts’ trademarks, evaluate trademark risks and carry out due diligence etc.
Centred on trademark right affirmation and protection, Junhe’s trademark business also covers unfair competition, copyright, domain name and other IPR-related legal issues. Junhe serves clients throughout a variety of industries, including; internet, automobile, food, software, biotechnology, pharmacy, cosmetics, and media, etc. Civil Actions and IPR Legal Services Regarding Trademark: Representing clients in civil actions concerning trademark infringement, anti-unfair competition, copyright, domain name registration and disputes, customs protection and other relevant IPR cases.
Professional and Pragmatic Legal Services on Trademark
Through many years of legal practices, Junhe’s trademark team has accumulated extensive professional experience of administrative affirmation procedures, hypostatic trademark protection as well as judicial procedures, winning a high reputation among the domestic and foreign clients. Based on the situation of the Chinese market and adhering to the pragmatic spirit, the trademark team has established unimpeded communication and reaction system with the Trademark Office of the State Council, the Trademark Review and Adjudication Board and other governing authorities, and the IPR Tribunal of People’s Court in Beijing, Shanghai and other major Chinese cities. Its deep understanding of domestic and foreign legislation on trademarks, coupled with an accurate grasp of the legislative development enable Junhe to transfer its best market practice and cutting-edge professional knowledge into legal services with high added value for clients to solve practical problems.
Recent Representative Cases
1. We represented the German company BMW Group in its entire trademark process in China, effectively fighting against trademark registrations in bad faith and trademark infringements. Many cases have successfully been able to obtain the identification of well-known trademarks from the Trademark Office, the Trademark Review and Adjudication Board and courts at all levels, making our clients’ IPRs protected effectively and efficiently.
2. We represented the China Securities Index Co., Ltd. in the administrative proceedings against the rejection of one of its most important trademarks “CSI 300”, where we won the support from the People’s Court.
3. We represented China Resources Group and China Resources (Holdings) Company Limited in requesting an invalidity declaration of the trademark “Yi Feng MixC” which was registered by a Yunnan company. The trademark team collected evidence and provided sufficient and complete legal arguments resulting in the right-infringing trademark being ruled void and affirmed that China Resources Group’ unregistered trademark “MixC” as an unregistered well-known trademark. This case has become precedent in China’s unregistered well-known trademark protection.
4. We represented the Italian Company Ferrero in wide ranging cases concerning trademark and unfair competition. Managing to identify “Ferrero” as a well-known trademark. Some cases have been taken as “Guiding Cases issued by the Supreme People’s Court”, “Top 10 Cases Involving Foreign Interest in Beijing Court”, “Annually Typical Trademark Infringem.