Beijing No.1 Intermediate People's Court recently entered the first-instance decision on DuPont Company's administrative litigation on the Xin shenglong DuPont trademark. The court held that the trademark Xin shenglong DuPont filed by the Shanghai Shenglong decorative material company is similar with DuPont's registered trademark and vacated the decision of upholding the trademark in question by the Trademark Review and Adjudication Board (TRAB) Under the State Administration for Industry and Commerce.
In September 2003, Shanghai Shenglong filed Xin shenglong DuPont and figure for registered trademark, certified to be used on products of artificial marble. The mark was approved in December 2005. In 2007, DuPont challenged the trademark and sought rejection of registration. However, the TRAB denied DuPont's claim, holding that there's great disparity between the two marks on products materials, functions and consumers, and will not confuse the public and no similarity is constituted. Then the disgruntled DuPont brought the case to the court. The court held that it is almost the same in the products function and sales channel between the two marks and the trademark in question includes the registered trademark DuPont and similarity is constituted and make the above decision.
At press time, TRAB has made an appeal.
(China IP News)2013-07-17