Jadong IP Law Firm
Firm overview:
Jiadong Intellectual Property Team (Jiadong Law Firm and Jiadong Intellectual Property Agency Co., Ltd.) is an agency registered with the Trademark Office engaged in domestic and foreign trademark agency services. Jiadong’s intellectual property services include trademark and patent agency matters, intellectual property legal matters, and intellectual property litigation and arbitration matters.
The trademarks team assists with consultation, application, registration, filing and recordation of trademarks and the monitoring of trademarks and the investigation and handling of infringement and counterfeiting. The team also advises on anti-unfair competition and trademark administrative disputes and dissatisfaction with decisions made by the Trademark Review and Adjudication Board and other government agencies.
Team overview:
Jiadong's trademark agents are experienced in various fields of trademarks, and many of them are practicing lawyers. On trademark litigation, Jiadong's trademark agents work closely with the lawyers in the litigation department to form a trademark litigation team.
Key matters:
- Haw Par Corporation of Singapore’s marks “TIGER”,“虎” and “TIGER BALM” are well-known medical products trademarks which are widely sold in Southeast Asia and China. Guo Xiaohua, was accused of setting up a team to produce and sell counterfeit TIGER BALM plasters in Zhongshan City, Guangdong Province. In 2021 Jadong filed a complaint with the local police. After a police raid action, the case was transferred to the to the local procuratorate.
- In 2022 the procuratorate filed criminal charges against Guo Xiaohua with the Zhongshan Court for counterfeiting registered trademarks. On March 29, 2023 the court made a criminal judgement. Guo Xiaohua was sentenced to a fixed-term imprisonment of three years and fined RMB 300,000 yuan. After the criminal judgement, on September 5, 2023 Jadong initiated a civil lawsuit for compensation of damages in the amount of RMB 1.9million. On July 30, 2024 a court judgment ordered Guo Xiaohua to pay compensation of RMB500,000.
- Ruian Kailuodi Hardware Co., Ltd. was found producing window handles using a trident logo, similar to the well-known trident logo of Jadong’s client, Italian car manufacturer Maserati, with trademarks No.725124 in class 6 and No.1566753 in class 9.
- Kailuodi filed for non-use cancellation against Maserati’s mark No. 725124 which was partially cancelled. Jadong filed for review with the China National Intellectual Property Administration. Kailuodi had previously registered a red trident logo with the Copyright Protection Center of China. Kailuodi filed invalidation against Maerati’s mark No. 1566753, claiming Maerati’s trident trademark registration infringed their prior copyright. Jadong’s anti-counterfeiting team filed to counter the invalidation.
- On April 8, 2024 Jadong filed complaint with the Ruian Administration for Market Regulation, based on a claim that Kailuodi infringed Maerati’s window handles registered mark. The AMR carried out their raid action against Kailuodi and stopped their production and seized the infringement products and with a fine impending.
- After the raid action Jadong contacted the Kailuodi, requesting them to withdraw their non-use cancellation and invalidation, otherwise Jadong would sue them for compensation of damages. Kailuodi filed the application for withdrawal.
Clients:
Haw Par Corporation, Maserati, World Branding Mark, Juventus Football Club, Perfetti van Melle, Chaumet International