Beijing High People's Court rendered its final decision on a trademark dispute between Guangdong Men Our Clothes Company's 名鳄 and French Lacoste's crocodile trademark, denied the trademark registration of 名鳄 as it constituted similarity with crocodile and lead to public confusion, which ended a ten-year battle between the two trademarks.
In 2003, Guangdong Men Our Clothes Company acquired 名鳄 and its figure from Puning Liusha Huadu Clothes Factory, which filed a trademark registration on Class 25 clothes products in September 1997, and was challenged by France Lacoste Company during the publication period.
The crocodile trademark was registered in October 1980 on Class 25 clothes products. At present, the period of validity has extended to October 2020.
The Trademark Office (TMO) and the Trademark Review and Adjudication Board (TRAB), both under the State Administration of Industry and Commerce, voiced similar opinions in their respective proceedings, holding that the registration of 名鳄 may lead to public confusion when the crocodile was registered earlier. The disgruntled Men Our Company then appealed to the Beijing High People's Court, which would later make the decision above.
(China IP News)2013-07-17