Recognition of Well-known Trademark holds back Malicious Registration2017-11-27

As the legal representative of the plaintiff Menghai Tea Factory, Mr. Zheng Hong attended the lawsuit against Trademark Review and Adjustment Board of State Administration for Industry & Commerce of the People’s Republic of China (defendant). Recently, Beijing Intellectual Property Court made an Administrative Judgment which supports all claims of the plaintiff.

This lawsuit was originated from an invalidation request submitted by Menghai Tea Factory to the Trademark Review and Adjustment Board of SAIC on November 18th, 2014 against No. 8490211 trademark “Dayi” (referred to as disputed trademark) registered by Chen Linren. The Trademark Review and Adjustment Board issued No. [2016]19041 Decision maintaining the validity of the disputed trademark (referred to as the Decision). Menghai Tea Factory was dissatisfied with the Decision and filed an administrative lawsuit in Beijing Intellectual Property Court on April 15th, 2016, requesting the Court to overturn the Decision and order the Trademark Review and Adjustment Board to make a decision anew.

Beijing Intellectual Property Court made an Administrative Judgement on October 26th, 2017, which recognizes No. 350839 trademark “Dayi” owned by Menghai Tea Factory as a well-known trademark, overturns the Decision made by the Trademark Review and Adjustment Board, and orders the Trademark Review and Adjustment Board to make a decision anew about the invalidation request against No. 8490211 trademark “Dayi”.

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