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In China, a patent invalidation proceeding is often employed in patent infringement dispute cases. If the party accused of infringement wants to make a non-infringement defense, it can either argue that its product does not fall into the scope of the cited patent, or prove that the patent is invalid through the invalidation proceeding.
The year 2021 became the first year of metaverse, and the concept of “metaverse” has soared in popularity since then. All types of industries started to add “metaverse” to their commercial planning and trademark layout, and applying for trademarks containing the term “metaverse” to seize business opportunities.
NNN agreement is short for Non-Disclosure/Non-Use/Non-Circumvention agreement, which means not to tell anyone, not to use the information, and not to go around your back. In recent years, signing NNN agreement has been widely adopted, and became the initial step in dealings with Chinese companies, particularly the original equipment manufacturers (OEMs).
In recent years, the number of trademark applications in China has been at the forefront of the world. In 2021 alone, the total number of new trademark applications in China was nearly 9.45 million. Especially with the explosive growth of small and micro enterprises and the rising of service-oriented consumption, the demand for trademark applications has been increasing rapidly.
During the process of patent examination, many applicants are required to revise their applications on the ground of lacking unity of invention, because the examiner decides that the application contains multiple inventions. Under such circumstances, the applicant may file divisional applications per the examiner’s requests. The initial patent application will thus be divided into two or more applications in order to meet the unity requirement, and these divisional applications may retain the initial application filing date. The priority date may be retained as well if priority had been claimed in the initial application.
Successfully registering a trademark is not easy. After registration, the trademark owner still needs to do a few important things to keep it alive. Under the China Trademark Laws, registered trademarks can be canceled on the grounds of non-use for three consecutive years.
Like many other countries, China also has a trademark cancellation procedure on the grounds of non-use. If a registered trademark has not been used for over three years, a third party may request to cancel it. The cancellation request is examined and decided by the Trademark Office of China National Intellectual Property Administration (CNIPA). If the parties are not satisfied by CNIPA's decision, they may apply for a review. If the review result is still not satisfying, they may appeal to the Beijing Intellectual Property Court.
The Chinese invention patent No. 2007800035278, titled “Systems and Methods for Diverting Objects”, is owned by Laitram LLC and is exclusively licensed to Intralox LLC (“Intralox”).
Due to a large number of existing trademarks, trademark registration applications in China are often rejected due to alleged conflicts with prior applications or registrations. A Letter of Consent (LoC) may provide a practical and efficient solution for such situations.
The Patent Search Report (hereinafter referred to as "Search Report") is a search report that may be requested by anybody to suit their own specialized needs, including: novelty searches, existing technology/existing design searches, special searches, granted patent searches, legal status searches, searches of patent families, tracking searches, infringement analysis, patent invalidity searches, etc.
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