P & G’s Charge against Trademark Review and Adjudication Board Dismissed; Its Chinese Transliteration Not Recognized as a Well Known Mark
File No. N080512
Title: P & G’s Charge against Trademark Review and Adjudication Board Dismissed; Its Chinese Transliteration Not Recognized as a Well Known Mark
Source: chinacourt.org
Date: April 09, 2008
P & G of the U. S. brought an action against the Trademark Review and Adjudication Board of PRC State Administration for Industry and Commerce for the latter party’s decision to approve the registration of a trademark “BAOJIE”, which was the same as the P & G’s Chinese transliteration, applied by a company in Shantou City for use on clothing and accessories. It is learned on April 04 that Beijing First Intermediate People’s Court did not recognize P & G’s trademark “Baojie” as a well-known mark and supported the Board’s adjudication decision.
P & G claimed that its trademark “Baojie” was registered in China since 1994 and was widely known; and the company had over 300 brand names, among which many, such as Rejoice, Oil of Olay, and Cover Girl, were recognized as well known marks by PRC Trademark Office. P & G claimed that the Shantou company’s trademark was a malicious plagiarism, intentionally misleading consumers, and requested the court to revoke the Board’s decision.
The core of the dispute was whether “Baojie” was a well-known mark. The court decided that the plaintiff did not submit sufficient evidence during the opposition reexamination procedure to prove that “Baojie” qualifies as a well-known mark as prescribed by PRC Trademark Law Article 14. As the Shantou company’s trademark was registered for use for non-identical or dissimilar goods, and as the plaintiff could not prove that its trademark “Baojie”, which enjoyed certain fame in the personal care products industry, was used for clothing and accessories and exhibited influence, the court rejected the plaintiff’s claim that the Shantou company’s trademark “Baojie” would confuse the consumers as to the origin of the products. The court ruled to support the Board’s decision to approve the Shantou company’s registration of the trademark in question.
Copyright 2008, InterLingua.com, Inc.
Title: P & G’s Charge against Trademark Review and Adjudication Board Dismissed; Its Chinese Transliteration Not Recognized as a Well Known Mark
Source: chinacourt.org
Date: April 09, 2008
P & G of the U. S. brought an action against the Trademark Review and Adjudication Board of PRC State Administration for Industry and Commerce for the latter party’s decision to approve the registration of a trademark “BAOJIE”, which was the same as the P & G’s Chinese transliteration, applied by a company in Shantou City for use on clothing and accessories. It is learned on April 04 that Beijing First Intermediate People’s Court did not recognize P & G’s trademark “Baojie” as a well-known mark and supported the Board’s adjudication decision.
P & G claimed that its trademark “Baojie” was registered in China since 1994 and was widely known; and the company had over 300 brand names, among which many, such as Rejoice, Oil of Olay, and Cover Girl, were recognized as well known marks by PRC Trademark Office. P & G claimed that the Shantou company’s trademark was a malicious plagiarism, intentionally misleading consumers, and requested the court to revoke the Board’s decision.
The core of the dispute was whether “Baojie” was a well-known mark. The court decided that the plaintiff did not submit sufficient evidence during the opposition reexamination procedure to prove that “Baojie” qualifies as a well-known mark as prescribed by PRC Trademark Law Article 14. As the Shantou company’s trademark was registered for use for non-identical or dissimilar goods, and as the plaintiff could not prove that its trademark “Baojie”, which enjoyed certain fame in the personal care products industry, was used for clothing and accessories and exhibited influence, the court rejected the plaintiff’s claim that the Shantou company’s trademark “Baojie” would confuse the consumers as to the origin of the products. The court ruled to support the Board’s decision to approve the Shantou company’s registration of the trademark in question.
Copyright 2008, InterLingua.com, Inc.
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