Michael Bastian Wins The Lawsuit Of Trademark Rush Registration.

China's trademark registration system is slightly different from that of the European and American countries. It adopts the principle of first registration. In Europe and the United States, the trademark applicant applies to explain the purpose of the registered trademark and how to use it in the future.

This leads to the registration of dozens or even hundreds of trademarks in some Chinese organizations. When a trademark dispute arises, some brands choose to spend money to buy the right to use the trademark in order to settle the dispute, because it will take several years to solve it through legal procedures.

Michael Bastian, the US menswear brand, has won the right to use its trademark in China. This is the first time a Chinese court has sentenced third party organizations to trademark infringement.

A successful case.

According to the US website, the brand of Michael Bastian and its Chinese pliteration were registered by a third party organization in China in 2007. The Trademark Review Board of China (hereinafter referred to as TRAB) has made a decision to maintain MichaelBastian's foreign origin brand, and has ended the 5 year trademark dispute.

The TRAB ruling said that the third party registered many trademarks and obviously had malicious registration.

"Third party agencies suspected of infringement have registered more than 100 trademarks that are similar or similar to well-known designer brands, such as Louis Vielly of Louis Vuitton," said Andrew Su, a counsel for the case, GrandallLawFirm (law firm) said.

Su lawyer said the other party would not appeal.

He said: "we have decided that the appeal time for the TRAB ruling has passed, so they will not lodge an appeal."

Despite the fact that there have been star wins in trademark dispute cases, such as Chinese basketball player Yao Ming, he has won the right to use his name.

But for foreign companies, this is the first time.

There are also disputes about other foreign trademarks in China: Sotheby's auction house (Sotheby).

BritneySpears, NBA stars MichaelJordan and KobeBryant.

"This decision adds to the confidence of foreign star brands entering the Chinese market, and enables us to freely use our IP and brand names to develop in China.

China's fashion conscious public will know that the MichaelBastian clothing and accessories we sell are genuine products.

Foley&LardnerLLP law firm co chairman SeligSacks, who is responsible for Sino US business, is also a legal consultant in Bastian's case. She said: "our case is very typical. The decision on MichaelBastian cases will encourage and promote the handling of similar cases in China, such as MichaelJordan and BritneySpears, and will also avoid some trademark infringement."