RITZ-CARLTON Hotel, a subsidiary of the U.S. RITZ-CARLTON Hotel Company, enjoys popularity in the global hotel industry. It has some hotels named RITZ-CARLTON in China. Chengdu Zhizhi Real Estate Development Company, however, registered the trademark in commercial housing sale service and real estate agent. RITZ-CARLTON Company then challenged that request.
Zhizhi Company filed for trademark registration of RITZ-CARLTON with the Trademark Office (TMO) under State Administration for Industry and Commerce, and was approved in October 2010. RITZ-CARLTON Company, in March 2010, challenged the trademark at the Trademark Review and Adjudication Board (TRAB), which is also under SAIC.
RITZ-CARLTON Company sought that the "丽思卡尔顿" is a Chinese translation of RITZ-CARLTON, which should enjoy popularity as its English name is a famous trademark in the global market. Meanwhile, RITZ-CARLTON Company quoted the trademark which was registered earlier in hotel and restaura//-nt, and said that the dispute trademark does harm to the trademark of RITZ-CARLTON and 丽思卡尔顿. However the request was turned down.
RITZ-CARLTON Company then brought the case to Beijing First Intermediate People's Court. The court heard the case recently. One of RITZ-CARLTON's claim is that "丽思卡尔顿" is corresponded to RITZ-CARLTON, which drawing up common and unified reputation as well. Zhizhi Company challenged the request and claimed that RITZ-CARLTON Company failed to prove "丽思卡尔顿" is Chinese translation of RITZ-CARLTON, thus the action of using the popularity of RITZ-CARLTON to prove "丽思卡尔顿" is wrong.
The case is hearing. We will follow the development of the case.
(China IP News)2013-07-17