Beijing Court confirms OEM constitutes use in Non-use Cancellation Proceedings

Catherine Zheng, partner, and Tracy Li, associate, recently contributed an article to Euromoney’s Expert Guides series titled “Beijing Court Confirms OEM Constitutes use in Non-use Cancellation Proceedings – Useful Tips for Trademark Owners”.

The article discusses Deacons’ recent success in defending a Malaysian clothing company’s trademark registration based on the use of trademarks on Original Equipment Manufacturing (OEM). This is the first non-use cancellation case heard by the Beijing High Court after the landmark judgement by China’s Supreme People’s Court’s concluding that OEM use does not constitute trademark use in the context of trademark infringement.

This decision will be a relief to genuine trademark owners engaging in OEM activities in China. The article also provides insight for genuine trademark owners engaging in OEM on proper documentation of commercial activities for the purpose of trademark protection.

Please click here to read the article.

Key Contacts

Catherine Zheng

Partner | Intellectual Property

Email or call +852 2825 9617