On December 8^th, 2016, Watson & Band and JETRO Shanghai (hereinafter “JETRO”) jointly hosted the fourth 2016 lecture among a series of IP lectures for Chinese employees of Japanese enterprises. Entitled “How Enterprises Should Establish, Protect and Apply Their Trademark Rights”, this lecture was delivered by W&B partner Jean Yang from the perspective of trademark enforcement. Over thirty employees from Japanese enterprises attended the lecture.

Ms. Yang began her lecture by citing a retrial that involved enterprise trademark infringement. She introduced the case facts in detail and asserted that the establishment of trademark infringement should depend on the damage to the trademark’s distinctiveness. Ms. Yang also noted that the ultimate aim of the Trademark Law protection for basic trademark functions is to protect trademark distinctiveness.

Ms. Yang then used the perspective of trademark enforcement to elaborate issues related to trademarks by offering classic examples and providing essential legal knowledge concerning the establishment, protection and application process for trademarks. She covered issues such as the selection of designated goods when enterprises apply for trademark registration and the elements necessary for designation as a well-known trademark. Among these examples, the most instructive case was a trademark infringement case in which Ms. Yang acted on behalf of a Japanese client, and the case was selected as one of the top 10 most innovative cases heard in Beijing courts in 2015. The outcome of the case protected the client’s trademark rights and helped to regulate the entire commercial market.

This lecture perfectly punctuated the series of IP lectures that has been jointly hosted by W&B and JETRO this year. During the past four months, W&B lawyers exerted their best efforts to present lectures that were both insightful and interesting. The lectures were clearly well-received by the attendees.