Color claims for trademarks should in general be avoided. To be clear, there are situations when claiming color on a trademark registration application makes sense, but these situations are not common. What’s more, color claims might create issues in the future, if you stop using your trademark exactly as registered. When registering logos and stylized words as trademarks, brands have the option of claiming a color or colors as a feature of the trademark. If claiming color, a color image must be provided on the trademark registration application, at least in China and the United States. For ex ..read more

Polysilicon is a pure form of silicon and an essential element in the supply chain of solar photovoltaics, which harness solar power. Roughly 80 percent of the world’s polysilicon comes from China. The United States Geological Survey describes rare earths as follows: The rare earths are a relatively abundant group of 17 elements composed of scandium, yttrium, and the lanthanides. The elements range in crustal abundance from cerium, the 25th most abundant element of the 78 common elements in the Earth’s crust at 60 parts per million, to thulium and lutetium, the least abundant rare-earth e ..read more

By Tom McVey & Ngosong Fonkem*  If your company is doing business with a Chinese company, it is essential to be aware of the risks associated with prohibited parties under U.S. export control and sanctions laws. The United States has strict regulations prohibiting U.S. companies from engaging with certain foreign individuals and entities. These include parties listed on the Treasury Department’s List of Specially Designated Nationals and Blocked Persons (the “SDN List”), as well as the Commerce Department’s Entity List, Denied Persons List, and Military End-User List (for certain prod ..read more

REGISTER HERE Cross-border transactions are becoming increasingly complex and frequent, and companies are exploring arbitration as a viable dispute resolution option. In this informative webinar, you’ll hear from a panel of experienced attorneys: Jihee Ahn (United States), Arthur Chiu (China), and César Garcia de Quevedo (Spain), moderated by China Law Blog’s Dan Harris. They will share their insights on the common issues that lead to disputes, the benefits and drawbacks of arbitrating high-stakes cases, and the latest tactics and trends in their respective regions. Join this session to learn ..read more

Earlier this month I testified before the U.S. Congress’s U.S.-China Economic and Security Review Commission regarding Rule by Law in China. Go here if you wish to see my testimony and/or the full day of testimony given by various far more expert China law professors. This is the third time I’ve testified before a Congressional commission regarding China, and the second time I’ve done so live. I mention the “live” part because I find walking the halls of the Dirksen Senate Office Building and seeing the offices of United States Senators is an amazing and humbling experience. I analogize it to ..read more

Consolidation of trademark actions is a much-needed procedural avenue in China, one that would make the country’s trademark system more efficient and fairer. Actions that concern the same trademark, such as applications, oppositions, and cancellations, are generally not consolidated, wreaking all sorts of havoc for brands. This even though the Trademark Law has provisions that allow for such consolidation to occur under some circumstances. Let’s begin by illustrating the problem to be addressed through effective consolidation of trademark actions. Imagine that you want to register the trademar ..read more

The UFLPA, the Question of Legislative Intent, and Its Impact on SMEs Since the launch of the Uyghur Forced Labor Prevention Act (UFLPA) in the summer of 2022, there has been an undercurrent of discussion in the trade community regarding the law’s real intent. Is the law intended to weed out products made with Xinjiang Uyghur Autonomous Region (XUAR)-linked forced labor without having any collateral adverse impact on legitimate U.S.-China trade and investment? Or is the law, in de facto terms, intended to function as a mechanism to curtail U.S. economic engagement with China? This discussion g ..read more

With the wave of news surrounding due diligence company crackdowns in China, with Mintz Group and Bain & Co. as the highest profile targets to date (see here and here), a reporter reached out to inquire how legal practitioners are dealing with this diminished access. She wanted to know whether and how this complicates business relationships with Chinese companies. Maintaining a Healthy Distance from China At our firm, we have chosen to keep most of our attorneys outside China for a variety of reasons. Client files and our attorney work product remains on servers not accessible to the Chine ..read more

Last week saw a flurry of activity with three new AD/CVD petitions: (1) Boltless Steel Shelving Units from India, Malaysia, Taiwan, Thailand, and Vietnam (AD only); (2) Brass Rod from Brazil, India, Israel, Mexico, South Africa, and South Korea (AD/CVD); and (3) Non-Refillable Cylinders from India (AD/CVD) Two of these petitions are sequels of AD/CVD cases on the same product from China that happened a few years ago. AD/CVD orders were imposed on boltless steel shelving from China in October 2015. Non-refillable cylinders from China was hit with AD/CVD orders in May 2021. After these Chin ..read more

Pursuing an individual or business in China is notoriously difficult for several reasons. One of them is that at the outset of any lawsuit, a complaint needs to be filed and served – meaning, it must be demonstrated to the Court that the complaint was provided to the named defendant(s) in a satisfactory manner. The law provides for several methods to accomplish this, but some methods are simply unavailable when trying to serve a Chinese defendant. This post will discuss whether email service is possible. Application of the Hague Convention A recent case that is currently on appeal breaks down ..read more