Worldline fails to register a trademark in China

文章来源: CHINA INTELLECTUAL PROPERTY NEWS
发布时间: 2017/5/12 11:28:00

  As a well-known e-pay and hi-tech transaction service provider, Worldline Luxembourg Company planned to register the company name "Worldline" as a trademark. Recently, Beijing Higher People's Court affirmed a final judgment to support the decision of revoking registration application of "Worldline" made by Trademark Review and Adjudication Board (TRAB) under State Administration of Industry and Commerce (SAIC)。


  Worldline filed the No.13005074 application on July, 2013, which was certified to be used on Class 9 goods "the software for guaranteeing financial transaction safety". In September, 2014, the Trademark Office under SAIC issued the notification rejecting the application. Later, Worldline filed a review request to TRAB.


  TRAB issued the rejection decision to refuse the application on June, 2015, on the ground that the "wordline" had constituted similarity on the same or similar products with registration No.4507667 "WORLDLINER", No. 4532680 "WORLDLINK" trademark.


  Worldline was not satisfied with verdict, and then appealed to Beijing IP Court, but lost it again. Further, Wordline moved the appeal to Beijing Higher People's Court, and mentioned that the Beijing IP Court did not examine the coexistence agreement signed by Worldline and the holders of "WORLDLINER" and "WORLDLINK", which had violated legal procedures.


  Beijing Higher People's Court held that the similarity was not constituted between worldline and WORLDLINK, However, there was only one letter different in design between "worldline" and "WORLDLINER", no substantial difference in reading and meaning can be found between two trademarks. Besides, the products certified with "worldline" and the ones with "WORLDLINER" were same or similar in functions, use, manufactures, marketing and consumers. In this case, the misunderstanding was not easy be eliminated in public even the holder of "WORLDLINER" showed off the coexistence agreement.


  Therefore, Beijing Higher People's Court affirmed the judgment.(by Wang Guohao)

 

 (Translator Liu Peng Editor Yan Ru)

 

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