September 26, 2022

Volume XII, Number 269

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September 23, 2022

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Even the Chinese Government isn’t Safe from Counterfeiters: China Cracks Down on Counterfeit Mail Trucks

According to an announcement  (胜诉!中国邮政邮车打假维权成功!) by the China Post on July 25, 2022 the Dongcheng District People’s Court in Beijing recently ruled that a defendant’s behavior constituted trademark infringement and supported all the claims of China Post with respect to infringing mail trucks.  The trucks used visually similar marks to those registered by China Post presumably to enjoy preferential traffic and parking policies available to mail trucks in Beijing.

According to China Post, the vehicles involved in the case prominently used trademarks such as “ ”, “FMS” (sic) and “Beijing Post” (in Chinese), which were visually similar to the trademarks “ ”, “ ” and “China Post” (in Chinese) registered by China Post, and the trademarks involved was used in logistics and transportation services. Accordingly, it is easy for the public to misunderstand the source of the service or think that there is a specific relationship between the operators, such as licensed use, affiliated companies, etc., and the defendant was therefore ordered to immediately stop the infringement, publicly apologize in the “Beijing Daily” newspaper and compensate China Postal reasonable expenses of 10,000 RMB.

China Post goes on to state, 

For a long time, China Post has attached great importance to the protection of intellectual property rights. Adhering to the principles of protecting the reputation of its brand and safeguarding the rights and interests of consumers, it has adopted a zero-tolerance attitude against dishonest acts such as free-riding…The China Post hereby states that: Once we find that the intellectual property rights of China Post have been infringed upon, we will resolutely take all necessary legal means to protect the legitimate rights and interests of enterprises.

China Post also advises all readers to immediately notify them upon discovering any counterfeit mail trucks.

The full text of the announcement can be found here (Chinese only).

© 2022 Schwegman, Lundberg & Woessner, P.A. All Rights Reserved.National Law Review, Volume XII, Number 209
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About this Author

Aaron Wininger IP Attorney China Portfolio Development
Director of China Intellectual Property Law Practice Schwegman Lundberg & Woessner

Aaron Wininger is a Senior Attorney and Schwegman’s Director of China Intellectual Property. Aaron counsels both U.S. and Chinese companies on portfolio development and preparation of their patent applications and office action responses. He has worked with clients in the areas of software, networks (wired and wireless), lasers, medical devices, semiconductors and physics.

Aaron prosecutes both Chinese and U.S. trademarks. He has also drafted and prosecuted hundreds of U.S. and international patent applications in a broad spectrum of areas, including computer hardware and software,...

408-278-4059
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