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Determination of an Element-Omission Invention
The IP Court of China's Supreme People's Court publishes case (2022) No. 476, clarifying how to determine whether an open-ended claim constitutes an element-omission invention.
Reselling Legitimately Purchased Patented Products after Relabeling Does Not Constitute Patent Infringement — (2024) Zui Gao Fa Zhi Min Zhong No. 1193
The SPC IP Court held that reselling legitimately purchased patented products under one's own trademark, without substantively changing the technical solution, falls under patent exhaustion and is not "manufacturing" under the Patent Law.
Consideration of a Generic Drug Applicant's Prior Type-3 Declaration in Pre-litigation Conduct Preservation Cases and the Legal Consequences of Violating a Type-3 Declaration — (2026) Zui Gao Fa Zhi Min Fu No. 1
The SPC IP Court clarified that violating a Type-3 declaration does not automatically entail cessation of patent infringement, but the generic applicant must bear corresponding legal consequences.
Public Consultation on Supporting Rules and Normative Documents for the Regulations on the Protection of Layout-Designs of Integrated Circuits
CNIPA seeks public comments on draft amendments to the Implementing Rules and the Examination and Enforcement Guidelines for IC layout-design protection, by September 3, 2026.
Officials of the Ministry of Justice and the CNIPA Answer Press Questions on the Revision of the Regulations on the Protection of Layout-Designs of Integrated Circuits
The revised Regulations on the Protection of Layout-Designs of Integrated Circuits will take effect on October 15, 2026; officials explain the background and key contents of the revision.
How the Norwegian Industrial Property Office uses artificial intelligence in case handling
The Norwegian Industrial Property Office explains its use of AI in trademark, patent and design case handling: AI drafts reasoning, retrieves information and suggests classification, while examiners always make the final decision.
What Good Design Is Really Worth
The Austrian Patent Office highlights a recent EUIPO study: almost three in four EU consumers are willing to pay more for better-designed products (71% in Austria); design-intensive industries generate over 16% of EU output.
Announcement of the CNIPA on Approving 176 Enterprises Including Qixian Qilin Fruit Industry Co., Ltd. to Use the Special Sign for Geographical Indications (No. 685)
CNIPA approved 176 enterprises producing 55 geographical indication products, including Qixian crisp pear, Jinhua ham and Fuding white tea, to use the special GI sign.
The JPO Quick Reads: WIPO Assemblies 2026 (3 August 2026)
The JPO Commissioner and Deputy Commissioner attended the WIPO Assemblies 2026, met leaders of IP offices from more than 20 countries and regions, and signed a Memorandum of Cooperation with Spain's OEPM.
Jersey's New Individual Fee Under the Madrid Protocol
WIPO announced that from 1 August 2026 Jersey will charge an individual fee for Madrid Protocol designations (CHF 240 first class), coinciding with the Trade Marks (Jersey) Law 2026 establishing a standalone registration system.
South African patent ruling in favour of Astellas Pharma
The South African patent court ruled in favour of Astellas Pharma in a mirabegron formulation patent dispute, preventing generic drugmaker Cipla from selling its generic product Urton; Cipla has applied for leave to appeal.
European Commission – New study on the establishment of an EU-level text and data mining opt-out registry
The European Commission published a study assessing the policy and technical feasibility of an EU-level registry for the text and data mining exception, relevant to the use of protected content in AI training.
European Commission: Implementation of the AI Act begins
As of August 2, 2026, the European Commission's AI Office and national authorities are starting enforcement of the AI Act; GPAI model providers must implement a copyright policy and publish training content summaries.
Publication of Law No. 5324/2026 (Official Government Gazette Issue A' 121/30.07.2026)
Greek Law No. 5324/2026 has been published, introducing amendments to Copyright Law 2121/1993 and Law 4481/2017, including the management and distribution of unallocated copyright royalties.
Spain implements Front Office 3 for designs and e-Services
The Spanish Patent and Trademark Office implemented Front Office version 3 for designs and e-Services on 23 July 2026, a result of collaboration with the EUIPO on EUIPN tools.
Hungary joins the IP Legislative and Practice Repository with trade mark guidelines and legislation
Trade mark legislation and examination guidelines from the Hungarian IP Office are now available in the EUIPN IP Legislative and Practice Repository, which now covers 18 EU IP offices.
Exploring Future Growth Strategies for AI, Space, and Bio Through Patent Big Data
Korea's MOIP launches the 2026 Industrial Innovation Support Project Based on Patent Big Data, providing customized patent analyses for 13 projects in AI, space and biotechnology.
MOIP Prevents Misrepresentation of Origin Through Intellectual Property Rights Protection for Local Resources
Korea's MOIP established the IP Protection Support Program for Local Specialty Resources, providing one-stop support to prevent domestic trademark disputes and overseas bad-faith registrations.
Tanzania Suspended From ARIPO Trademark System
The Court of Appeal of Tanzania ruled that the Banjul Protocol has not been domesticated, so ARIPO-registered trademarks have no legal effect in Tanzania; direct national registration is required.
Expert Interpretation | The Statement-of-Originality System for Layout-Designs of Integrated Circuits
Li Shunde of the CASS Institute of Law explains the new statement-of-originality requirement, which turns the abstract originality criterion into an examinable, provable written document.
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{{enterWhos.enText}} Trademark Registration
Registration process
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Principle of trademark protection:Principle of trademark protection;
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Classification system of goods and services:Nice Classification; multi-class application is available;
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Requirements for trademark use:The applicant shall provide evidence showing use of the trademark on the designated goods/services. Evidence of use for goods includes but not limited to: product photos printed with trademarks, product packaging, product labels, exhibition pictures, brochures, sales contracts and other purchase documents and information; but advertisements or media reports cannot be used as evidence of effective use. Evidence for services includes but not limited to: the brochures printed with trademarks, web page introductions, contracts for provision of services and other documents.
It is important to preserve the evidence when use a trademark in United States; otherwise the trademark will be partially or totally invalidated over the designated goods and services for not submitting sufficient mark use evidence during the stage of submitting the statement of use. -
An application for trademark registration shall be filed before the U.S. Intellectual Property Office (USTPO), and there must be a basis for filing application in the United States. There are mainly three types:(1)"Intended Use": This basis applies to cases where the trademark has not been used in the United States at the time of filing the application for registration. Based on "intention to use" to file an application for trademark registration, the application can be submitted directly without providing evidence of trademark use. However, when the official passes the trademark examination, an official notice will be issued requesting the applicant to submit evidence of use and the time of first use in the world and the United States in order to obtain a trademark registration certificate. If the trademark has not been used before it is approved for registration, the applicant may postpone the submission of the statement of use for a period of 6 months at a time, for a total of 5 times. If the use evidence cannot be provided in the end, the trademark will be invalid.
(2)"Actual Use": This basis is applicable to the case where the trademark was already used in the United States when the application for registration was submitted. When filing an application for trademark registration on the basis of "already used", evidence of the use of the trademark in the United States and the earliest date of use shall be provided.
(3)"Registration in Other Countries": This basis is used when an application for registration of the same trademark has been submitted in the origin country and the applicant cannot provide mark use evidence in the United States for a short period of time. Application information (including designated goods/services) in the US application should be consistent with those in the application of origin country, and a copy of registration certificate in the origin country should be provided.
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