Facebook's Challenge of Namesake Trademark Failed

文章来源: CHINA INTELLECTUAL PROPERTY NEWS
发布时间: 2017/8/23 10:13:00

  Beijing High People's Court recently made a final judgement over the trademark dispute between the U.S.-based social-media giant Facebook, and Liu Yanan, a natural person from Hebei, China, rejecting the petition from Facebook and upholding the first-instance decision.


  In December 2010, Liu filed No.8943982 application featuring FACEBOOK and its figure (Chinese translation: 脸谱FACEBOOK及脸谱图形)for trademark registration, requesting certified to be used on Class 8 products such as wrench(hand tools)。 In September 2011, the Trademark Office (TMO) under the State Administration for Commerce and Industry(SAIC) issued its preliminary approval and published the trademark in dispute.


  In December 2011, Facebook filed an opposition request against the trademark in dispute to the TMO, claiming that the trademark in dispute had infringed the right of its prior trade name and business name, and constituted copy, translation and imitation of its well-known trademark. In addition, Liu attained the registration from the TMO through fraud or other illegal means.


  After review, TMO made a ruling in April 2013 to approve the registration of the trademark in dispute. In May 2013, Facebook lodge a complaint to another SAIC unit, the Trademark Review and Adjudication Board based on the same ground, but would have no luck with the TRAB either. Then after another blow from Beijing No.1 Intermediate People's Court slammed its face, Facebook sought the last resort at Beijing High.


  Beijing High held that, the trademark in dispute did not infringe the right of prior trade name and business name of Facebook, and also did not constitute copy, translation and imitation of well-known trademark of Facebook. According to the relevant information concerning Liu's trademark prosecution history, an evidence furnished by Facebook, Liu only filed the trademark in dispute to be used inClass 7 and Class 8, and the trademark in dispute was formed by patterns, words and letters, which were different from Facebook's "FACEBOOK". The present evidence could not prove that Liu stocked a number of reputable trademarks owned by others, sought illegitimate gains, harmed public interests, attained the registration from the TMO through fraud or other illegal means. (by Wang Guohao)





  (Editor Li Xingyi)


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