September 26, 2022

Volume XII, Number 269

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September 26, 2022

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Shanghai Administration for Market Supervision Announces Success in Iron Fist Campaign in Head & Shoulders, Pantene Case

The Shanghai Municipal Bureau of Market Supervision (上海市市场监督管理局) launched the 2022 “Iron Fist” campaign to investigate and deal with cases in the field of everyday life, to crack down on illegal acts that endanger safety and property, to create a safe and secure consumer environment, and to build the “Iron Fist” brand of the Bureau.

On August 10, 2022, the Bureau announced that the Qingpu District Market Supervision Bureau investigated and punished Shanghai Jiaoling Packaging and Printing Co., Ltd. for the illegal act of manufacturing others’ registered trademarks according to law. The case was transferred to the public security organ on January 24, 2022 because the behavior of the parties involved was suspected of being criminal.

Based on the reported evidence, the Qingpu District Market Supervision Bureau cooperated with the Xiaopu Branch of the Municipal Public Security Bureau to carry out a joint law enforcement inspection on No. 666 Yunhuang Road, Xiaopu District. It was found on the spot that Shanghai Yuling Packaging Printing Co., Ltd. was engaged in the business activities of tabletop printing. More than 2 million trademark logos such as for Chinese brand “爱生活” and Western brands “Head & Shoulders” and “Pantene” were seized on site. According to the identification certificate issued by the trademark owner, the above-mentioned trademark logos produced by the parties are the logos of others’ registered trademarks made without authorization.

The above-mentioned acts of the parties violated Article 57(4) of the Trademark Law of the People’s Republic of China, and the volume was huge, and therefore they were suspected of crimes. The Gupu District Market Supervision Bureau transferred the case to the public security organs according to law.

The Bureau provides the following warning and reminder: A trademark printing and production entity may not print and produce trademarks until it has obtained the authorization of the trademark owner, and the specimen printed shall be identical with the trademark design on the Trademark Registration Certificate, and may not disturb the fairness and justice of the market environment by unfair means. At the same time, consumers should be careful when purchasing products, and purchase through formal channels to avoid buying fake products.

The original 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 223
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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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