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China Industry and Commerce News: TRAB Comments on a Typical Internet Well-Known Mark Case


The TRAB (Trademark Review and Adjudication Board) comments on a typical trademark opposition appeal case involving the well-known mark of a worldwide well-known website on China Industry and Commerce News (newspaper hosted by SAIC – State Administration for Industry and Commerce, who oversees both Chinese Trademark Office and the TRAB). In this case, the worldwide well-known website’s trademarks were recognized as well-known, and cross-Class protection was granted. This worldwide well-known website is represented by Beijing East IP Ltd.

The TRAB article comments as follows: This case mainly involves the extended protection of registered well-known mark on non-similar goods. The extended protections of well-known marks are limited. The scope of protection shall be considered under the likelihood of confusion and misleading. In each case, the specific scope of protection shall generally consider the said relevant factors when determining the likelihood of confusion and misleading. The recognized well-known mark’s services in this case are “searching and indexing information on computer internet” and the opposed mark’s designated goods are “shaver”. While the above two services and goods are distinguishable, but when considering the high similarity of both marks, the fame of thee opponent’s mark, inherent distinctiveness and other factors, the TRAB held that the registration and use of the opposed mark is likely to confuse the public and thus denied the registration of the opposed mark.

The URL links of the TRAB analysis published on the websites of China Industry and Commerce News, SAIC, and the China Trademark Association are as follows: