As one of the must-go fashionable landmarks in Beijing, "三里屯太古里" （English translation: Sanlitun Tai Koo Li） retail complex is a bona fide household name. However, whether the trademark registration of "三里屯太古里" on services including architecture information, construction of commercial houses would prejudice socialist morality or have other ill effects bewildered John Swire & Sons Limited （Swire）， the investor of the property project. It took the UK-based company four years to find the answer.
The Beijing High People's Court recently made a final judgment, holding that "三里屯太古里" the trademark in dispute, did not cause harm to social morality or have other ill effects, and therefore revoked the appeal by the Trademark Review and Adjudication Board （TRAB） under the State Administration for Industry and Commerce （SAIC）， rejecting the disapproval decision by the TRAB and ordering it to reexamine the mark in dispute.
Swire applied for trademark registration of N0.10344461"三里屯太古里" at the SAIC's Trademark Mark Office （TMO） in December 2011, requesting certified to be used on class 37 services such as architecture information, construction of commercial houses, commodity stalls and construction of stores, dry cleaning and clock and watch repair.
The TMO rejected the trademark registration by Swire in September 2012 claiming that "三里屯" was a famous retail street in Beijing and the trademark registration of which would cause confusion or have ill effects among the general public. Swire was disgruntled with the decision and brought the case to the TRAB for reexamination.
The TRAB affirmed the TMO decision by echoing that "三里屯太古里" was a famous retail street in Beijing and the trademark registration of which would easily cause confusion on the source of service among consumers and have ill effects. Therefore, the TRAB rejected the trademark registration of "三里屯太古里".
Swire then brought the proceedings with Beijing No.1 Intermediate People's Court. The Beijing No.1 Court held that the trademark in dispute would not have any negative effect on social public interests and order in China, would not cause harm to China's politics, economy, culture, religion, and ethnic groups. The court dismissed the decision by the TMO in its first-instance judgment and ordered the TMO to review the mark in dispute.
The TMO did not succumb to the first-instance decision and appealed to the Beijing High People's Court as a last resort. Beijing High held that the trademark "三里屯太古里" or its elements would not have negative impact on social public interests and order in China, would not cause harm to China's politics, economy, culture, religion, and ethnic groups. Meanwhile, under the circumstances that "三里屯太古里" has the function of identifying a geographical origin, the TRAB needs to factor this in while determining the mark in reexamination decision. In this connection, Beijing High rejected the appeal from the TRAB and upheld first-instance judgment. （by Wang Guohao）
（Editor Li Xingyi）
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