2024.05.09
In April 2024, the Beijing High People’s Court announced its list of the Top Ten Landmark Cases involving Judicial Protection of the Grant and Affirmation of Trademark Rights for 2023. This initiative by the People’s Court aims to gather case summaries and issue guidance in IPR cases. JunHe consultant Ms. ZHAO, Huafeng (Jackie) was named for her work on Trademark V7 Toning Light’s administrative trademark invalidation lawsuit.
In this case, JunHe meticulously compiled evidence related to the use and popularity of the trademark. The team provided comprehensive arguments and reasoning and considered the client’s business model and trademark usage practices. The courts of first and second instances fully affirmed JunHe’s arguments. Notably, the court of second instance established a significant precedent, ruling that the determination of the use and popularity of a trademark is not impacted by the fact that the evidence of trademark usage in advertising activities is produced in foreign jurisdictions. This invalidation victory helped our client combat the ill-intentioned trademark squatter of “V7 Toning Light,” secured the client’s legal rights and interests, and established valuable judicial protection records for the client. This strengthens the client’s legal rights and contributes to the brand's future development and reputation enhancement. The precedent of determining the popularity of a trademark in this case provides valuable reference and inspiration for the representation and examination of similar IPR cases.
With 16 years in the intellectual property sector, Ms. ZHAO, Huafeng (Jackie) possesses a deep understanding of the legal theories and practices related to trademark, copyright, and unfair competition. She has extensive expertise and experience in trademark grants, affirmation, protection, litigation, and the determination of well-known trademarks as well as the strategic management of intellectual property rights. The All China Lawyers Association have honored many of Ms. Zhao’s cases for their outstanding foreign-related legal representation. The China Trademark Office have recognized her outstanding trademark representation cases and the Beijing High People's Court have named her cases in the top ten landmark cases for trademark grant and affirmation.
Ms. Zhao has worked extensively with clients across various industries, including automotive, cosmetics, apparel, machinery, theme parks, luxury goods, finance and insurance, technology, food, NGOs, retail and pharmaceuticals. She has earned wide recognition for her excellence in IPR practice. The Legal 500 Asia Pacific ranked her in 2018 and 2019 as an IP Rising Star and in 2019 The Legal 500 named her as a recommended lawyer. Ms. Zhao was selected in the foreign-related talent pool of the Beijing Lawyers Association and named a professor-level senior trademark specialist by the China Trademark Office. She also serves as a member of the Non-Traditional Marks Committee of the International Trademark Association.
The selection of this case recognizes the excellence of JunHe’s trademark team, and highlights the achievements and accomplishments made by Ms. Zhao in the trademark sector. JunHe remains committed to leveraging its expertise and experience to provide high-quality intellectual property services to its clients, ensuring robust support for their brand building and future development.