HFG team at MARQUES annual conference 2023 in Berlin

The MARQUES annual conference, held in Berlin from 19 to 22 September 2023, addressed in particular how diversity and the cultural environment will affect brand authenticity. Topics discussed included Piloting Brands; Risk and Rewards for brands in the metaverse; how culture affects brand strategies; steering brands in a time of crisis; new rules for e-commerce and AI, Tik-Tok and influencers.

HFG was present with 3 representatives: Fabio Giacopello, Crystal Yulan Zhang, who is now member of the MARQUES Anti-Counterfeiting & Parallel Trade Team, and Reinout van Malenstein.

During the conference, Reinout van Malenstein, vice-chair of the MARQUES China team, presented the Do’s and Don’ts with IP in China at the Chinese intellectual property and trademarks updates session.

The session presented an update on recent developments and cases in China, and was opened by Mr. Ma, the president of the China Trademark Association and Julia Zhong. Other speakers were Tingxi Huo and Dan Plane. Mirjam de Werd moderated the session.

Chinese language trademarks

Reinout van Malenstein presented on the Do’s and Don’ts with IP in China and recent developments. He stressed the importance of the registration of a Chinese language trademark, and provided the ways in which Chinese trademarks could be translated or transliterated, i.e. meaning (Apple, 苹果, literally means Apple), phonetic (Siemens 西门子, sounds like Siemens) and a combination of both (Coca-Cola 可口可乐 meaning delicious happiness).

Apostille Convention

Furthermore, Reinout explained the Apostille Convention. The Apostille Convention will come into force in China on 7 November 2023. The accession of China to the Apostille Convention changes the need for legalization of official documents in an apostille issued by the appointed authority in the State of origin.

In theory the Apostille Convention will make it much easier for foreign business to do business in and with China. After all, from setting up a company, to doing litigation in China, for all of these things notarized and legalized documents from the home State to China are needed. for more info, see here.

Finally, Reinout mentioned that CNIPA has issued the Regulation on Trademark Review and Adjudication for examiners (Regulation). 

The Regulation finally allows for suspension of trademark procedures. 

This is a big deal, as foreign rightsholders have been frustrated for a long time by having to take care of bad faith trademarks, whilst wanting to register their own rights. The suspension procedure will hopefully make this process less costly and faster. For more info, see here.