Legal Information

Firm news, insights on new laws, and frequently asked questions.

24 2026-10

What should I do if someone else has registered my business name as a trademark?

If your own business name is preemptively registered as a trademark, you can file an objection or request for invalidation in accordance with Article 32 of the Trademark Law based on your prior business name rights, and supplement it with protection under Article 6 of the Anti-Unfair Competition Law. Please note that there is a five-year time limit for such actions.

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24 2026-10

How to assert prior rights when a trademark is preemptively registered by others?

If a trademark is preemptively registered by others, the owner of the trademark may assert their prior rights in accordance with Article 32 of the Trademark Law. They may raise objections within three months of the announcement period or request a declaration of invalidation within five years after registration. There is no five-year time limit for maliciously preemptively registering well-known t...

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24 2026-10

How should we normally keep evidence of trademark use?

The evidence of trademark use should be regularly stored in the database, including contracts, invoices, packaging, advertisements, and exhibition materials. The use of the trademark should be defined in accordance with Article 48 of the Trademark Law, so as to prepare for the defense against the revocation of the trademark and the protection of rights and interests.

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24 2026-10

What evidence is required for responding to a trademark cancellation request under Article 33 of the Trademark Law of the People's Republic of China?

The defendant in a trademark revocation case must, within two months from the receipt of the notice, submit evidence of use on the approved products in the past three years. According to Articles 48 and 49 of the Trademark Law and Article 66 of the Implementing Regulations, if the evidence is insufficient, the trademark will be revoked.

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24 2026-10

How is compensation paid for nursing care dependency due to medical harm?

For those who are dependent on nursing care due to medical damage, the nursing care fees shall be calculated based on three levels: complete, major, and partial, taking into account the local nursing care workers' remuneration and the length of nursing care. This requires an assessment of the degree of nursing care dependency.

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24 2026-10

How is the death compensation for medical damages calculated?

The compensation for medical damages and death shall be calculated based on the per capita disposable income of urban residents in the place where the court is located in the previous year, multiplied by 20 years. For those over 60 years old, the compensation shall be reduced annually, and the matter shall be handled in accordance with the Civil Code.

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24 2026-10

How is the disability rating for medical injuries evaluated?

The degree of disability caused by medical harm must be appraised by a judicial expert, and the disability level shall be graded from level I to level X according to the degree of disability caused by human body injury. The grading shall be based on organ dysfunction and nursing dependency, and the matter shall be handled in accordance with the Civil Code.

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24 2026-10

What should I do if the entrance gate of the residential community and the model of the project are different when it's delivered?

When the delivery occurs, if the gate of the residential community does not match the sandbox model, and if the sandbox model is a specific part of the contract, the buyer can claim breach of contract. It is recommended to verify the contract, the planning documents, and the promotional materials before taking legal action to protect their rights.

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