Toy Companies Retrieve 130 Squatted Trademarks in Chile

发布时间: 2017/11/17 11:33:00

  On August 31, 2017, Trademark OfficeTMO under the State Administration for Industry and CommerceSAIC released an alert stating that trademarks and trade names owned by some 120 gift and toy companies based in Chenghai, Guangdong were registered in Chile by a foreign natural person. Such unusual number of trademarks suddenly squatted in one single country in a short period of time naturally raised more than a few eyebrows. Relevant parties including the government, industry associations, IP professionals and universities were mobilized immediately to find a solution and regain control of the trademarks in distress in Chile.


  After hard-fought negotiations, the squatter promised to transfer the some 130 trademarks to the Chinese enterprises with gratis on October 16. "This is not just a win on reacquiring the trademarks that originally belong to us. It also showcases our Chinese companies' determination in enforcing our trademark rights anywhere in the world and expanding our market overseas," said the legal counsel of the Chinese response team, Professor Ning Lizhi, Director of Intellectual Property and Competition Law Institution of Wuhan University.


  The squatted trademarks were owned by gift and toy companies in Chenghai District, Shantou City of Guangdong Province. Local governments of both Shantou and Chenghai District took this matter seriously after receiving the alert from TMO and activated the enforcement protocol immediately. Meanwhile, Chenghai Toys Association assembled the interested companies and hired IP professionals to respond.


  On October 9, the team flew to Chile and upon their arrival in the Chilean capital San Diego, they attempted to contact the squatter but failed to receive any feedback. After making the squatter aware, through multiple channels, of the measures to be taken by the Chinese team through multiple channels, the squatter contacted the team out of its own will and expressed the intent to settle. The team then sat down with its lawyer to discuss the details of the settlement.


  During the negotiations, the legal team from China successfully held the basic line of protecting China s interests with protocol professionalism and friendliness. Ning believed that the goal of the team is more than protecting China s interests, but making a win-win situation with Chile to uphold international order of brand market.


  "Thanks to our iron-clad analysis and persuasive arguments, Namied CEO Fred Yee signed a settlement agreement in both English and Spanish with the squatter's lawyer Mariela Ruiz Salazar," said Ning. The squatter promised to transfer some 130 trademarks inclusive of scores of trademarks already transferred to other parties to the relevant Chinese enterprises for free. As of now, nearly 50 trademarks are in the transfer process while the rest will follow suit per settlement agreement. by Yang Linping/Wang Guohao


Editor Che Xingming


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