The Beijing High People's Court recently made a final judgment on a lawsuit appealed by the Trademark Review and Adjudication Board （TRAB） under the State Administration for Industry and Commerce （SAIC）， ordering the TRAB to reexamine and revoke the registration of the No. 8421619 trademark“玫琳凯” （Note: literal translation of MARY KAY） （trademark in dispute）， which was filed by a natural person surnamed Shen on products of yarn, thread and etc The court held that the trademark in dispute replicated, imitated the No. 594710 trademark“玫琳凯”and the No. 836104“MARY KAY”trademark owned by MARY KAY INC., a renowned USA-based cosmetic enterprise, concluding a 6-year trademark battle between MARY KAY INC. and Shen.
Back to June 25, 2010, Shen filed an application for the trademark in dispute for registration on Class 35 products of yarn, gauze, darning thread, cotton thread and cotton yarn. On April 13, 2011, the Trademark Office （TMO） under SAIC preliminarily approved Shen’s filings. On June 23, 2011, MARY KAY INC. challenged Shen’s filing during the opposition phase and sought objection from the TMO, which would approve Shen’s filing after examination and denied MARY KAY’s request on November 6, 2012.
MARY KAY INC. then brought the case to the TRAB to seek re-examination on November 29, 2012.On October 9, 2013, the TRAB made a re-examination decision in favor of Shen. Later then, MARY KAY appealed to the Beijing No. 1 Intermediate People's Court.
In its first instance decision, the Beijing No. 1 Intermediate People's Court revoked the TRAB decision and remanded it to reexamination. MARY KAY INC. and Shen accepted the first instance decision. At the same time, the TRAB determined to seek justice from the Beijing High People's Court.
Beijing High held that the two trademarks filed by MARY KAY INC. had enjoyed popularity among Chinese consumers before the date the trademark in dispute was filed. As the trademark was identical with the reference marks in character layout and all the marks had been certified on the same Class, the trademark in dispute would cause confusion among the public and might damage MARY KAY INC.’s rights and interests.
In this connection, the Beijing High People’s Court rejected TRAB’s appeal and upheld the original decision. （by Wang Guohao）
（Editor Che Xingming）
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