Personal description
Mingming
(Gary) Yang is a partner of Wanhuida Intellectual Property. He is based in the
firm’s Beijing Office, where he has started practising since 2005. He is an
attorney-at-law admitted to practise in China since 2008.
Gary
has been practising trademark law for eighteen years. He has deep understanding
of China’s trademark regime, in particular the trademark prosecution landscape.
His expertise also extends to the trademark practice in other jurisdictions,
with a focus on the protection of product shape and the registrability of
non-traditional marks in the Asia-Pacific region.
Gary
has abundant experience in formulating and implementing comprehensive trademark
strategies, managing trademark portfolios, combating bad faith trademark filings
and/or registrations and obtaining recognition of well-known trademark status
through administrative and judicial proceedings. Clients often approach Gary
with intricate matters like trademark-related due diligence, negotiation and acquisition
of trademarks, as well as registration and protection of non-traditional
trademarks.
Gary
advises an array of clients, including Fortune 500 corporations, multinationals
and conglomerates, industrial magnates, startups and SMEs from Europe, North
America and Asia-Pacific. He excels in providing innovative and effective
solutions to boost client’s competitive edge through brand management. He is
often applauded for his proactive and strategic thinking, business acumen and quick
response.
Gary has served
as lead counsel in quite a few high-profile cases. He used to represent General
Mills in canceling a trademark squatter’s “Wanchai Ferry in Chinese” mark in
Class 42, in which the Supreme People’s Court (SPC) maintained the second
instance decision to cancel the registration and affirmed that single and
symbolic use of the trademark for the mere purpose of sustaining its
registration cannot justify the registrant’s real intention to use such mark.
The case is selected to be included in the SPC’s Annual IP Report Cases. He used
to assist ANDREAS STIHL AG & CO.KG in securing the registration of “orange
& grey color combination” marks in China and in fending off the
invalidation and cancellation actions of the infringers. He successfully invalidated
for Michelin the copycat registrations of the client’s Cantonese
transliteration “MI ZHI LIAN” of the Chinese equivalent “MICHELIN”. He helped thyssenrkupp
AG win favorable court decision in the civil lawsuit against an infringer who
used remotely similar mark on elevators, obtained injunction and damage of CNY
2 million. He also managed to obtain well-known trademark recognition for
brands such as “evian”, “Aptamil”, “Nutrilon”, “Titleist”, “Stihl”, “MICHELIN”,
“Mizone”, “Lukfook Jewellery”.
Gary
is a regular contributor to IP magazines and journals including World Trademark
Review, INTA Bulletin, IAM, Asia IP, Lexology and International Law Office
(ILO). A selected list of some of his recent articles including: “Protection of
product shape in China: non-conventional approaches for non-traditional marks”
(Lexology 2023) and “Navigating Asia-Pacific’s Nontraditional Marks Maze” (INTA
Bulletin 2022), “CNIPA backs Acushnet in opposition against ‘shifty’
application” (WTR Daily, 2022), and “STIHL successfully invalidates an
infringer’s colour combination mark” (IAM 2021).
Gary
is currently the Chair of China Subcommittee, INTA Trademark Office Practices
Committee (2024-2025 term). He used to be the Chair of the APAC Subcommittee of
INTA Non-Traditional Marks Committee (2022-2023 term) and a Member of INTA's
Young Professionals Advisory Group (2022-2023 term). He is also an Instructor
of INTA International Certification Course: The Lifecycle of a Trademark, Asia
Pacific Chapter and an Industry Supervisor for Graduate Students, Hefei
University of Technology. He is affiliated to the Chinese Trademark
Association's Non-traditional Trademark Research Group.
Education and Professional Training
LL.B, Southwest University of Political Science and Law
China Trademark Association’s Training Program in Beijing and Nanjing
Membership & Qualification
China Bar
INTA