The case lodged by Zhu Jianpeng, to challenge the decision by the Trademark Review and Adjudication Board (TRAB) under the State Administration for Industry and Commerce (SAIC) was rendered by Beijing Higher People's Court recently, upholding the first-instance decision on affirming disapproval of the registration of dispute trademark "家得福JIA DE FU and figure".
Zhu Jianpeng applied for "家得福JIA DE FU and figure" as a registered trademark on December 22, 2003, certified to be used on Class 35.
In the period announced, a natural person, Kong Lingling then lodged a request for emark opposition to TRAB on the ground of similarity with three registered trademarks of Carrefour. The Trademark Office then held the dispute trademark did not lead confusion to the public and no similarity is constituted.
The disgruntled Kong brought the case to the TRAB. TRAB held that the disputed trademark was used in similar services which would cause confusion among consumers. Therefore, TRAB denied the disputed trademark registration on April 6, 2011.
Zhu Jianpeng then brought the case to the Beijing No.1 Intermediate Court. The court rejected the appeal and sustained the original judgment.
The disgruntled Zhu then appealed to Beijing Higher People's Court. The court held that disputed trademark was similar with cited trademark in pronunciation, visual recognization and meaning which would cause confusion among consumers. So ordered.
(China IP News)2013-07-17