FIRE-KING challenges with HUOWANG

　　The U.S. Anchor Hocking filed a trademark registration of FIRE-KING, but was rejected by the State Administration for Industry and Commerce （SAIC） and Trademark Review and Adjudication Board （TRAB） as it constituted similarity with 火王 HUOWANG trademark of Shenzhen HIONE Gas Appliance Company.

　　Recently, Beijing Higher People's Court revoked the decision made by TRAB in the final ruling and ordered TRAB to make a new decision.

　　Anchor Hocking filed the NO.13443922 FIRE-KING trademark registration in October 2013, certified to be used in Class 9 goods including measuring spoon and other goods. In October 2014, the Trademark Office under SAIC （TMO） rejected the registration of FIRE-KING as it constituted similarity with 火王 HUOWANG and its figure.

　　Anchor Hocking brought the case to TRAB. During that time, Anchor Hocking gave up voluntarily the trademark registration on dosimeters.

　　In September 2015, TRAB held that the two trademarks constituted similarity on the ground of 火王 enjoyed the same meaning.

　　Anchor Hocking then brought the case to Beijing IP Court. The Court threw out a lawsuit filed by Anchor Hocking, who then brought the case to Beijing Higher People's Court.

　　It worth mentioned that after the first trial was made, TMO revoked the 火王 HUOWANG and its figure trademark as it had not been used on gas meter and measuring instrument for consecutive three years.

　　The Beijing Higher People's Court held that there were similarities between FIRE-KING and 火王 HUOWANG, and the trademark in question certified to be used in measuring spoon constituted similarity with火王 HUOWANG and its figure which was certified to be used in gas meter and measuring instrument.

　　At the same time, the registration of火王 HUOWANG and its figure on gas meter and measuring instrument was revoked by TMO, which exerted an important role in the case processing. So the Court ordered TRAB to make a new decision. （by Wang Guohao）

(Translator Liu Peng Editor Yan Ru)

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