Partner Robert Katz of Eaton & Van Winkle’s Intellectual Property Group prevailed in a trademark cancellation proceeding in China. Eaton & Van Winkle’s client learned that someone had registered his mark in China, and was trying to sell the rights to the mark, back to the American company.
EVW filed a trademark cancellation proceeding, through a Chinese associate attorney. The Chinese Trademark Office held that the third party Chinese company who had registered the mark belonging to EVW’s client had failed to use it during the last three years.
The Chinese Trademark Office cancelled the China registration, a complete victory for Eaton & Van Winkle and its client who refused to pay what would have been, in effect, extortion monies.