COFRA Wins 'C&A' Trademark Lawsuit

发布时间: 2018/11/7 9:29:00

  COFRA Holding AG, parent of C&A (China) has been entangled in a full-scale trademark war over the famous clothing brand "C&A" with Aolenia Garment Limited Company based in  Henan. According to a recent judgment made by Beijing High People's Court, the appeal from Aolenia was rejected on the ground that No.8189921 trademark "西雅衣家" (trademark in dispute) was acquired by Aolenia by any other improper means. The decision made by the Trademark Adjudication and Review Board (TRAB) upholding the trademark in dispute was revoked and should make a new one.

  The trademark in dispute was originally filed by Guangzhou Zhongwei Enterprise Management Consulting Co., Ltd. in 2010 and was approved in April, 2011, certified to be used on Class 25 products including garments. In March, 2014, the trademark was ratified to be transferred to Aolenia.

  In April, 2015, COFRA lodged an invalidation request to TRAB. Then TRAB made a decision, holding that the evidence submitted by COFRA failed to prove the trademark in dispute caused damage to trade name of its affiliated enterprise C&A and was acquired by any other improper means in Chinese Trademark Law. Accordingly, TRAB upheld the trademark in dispute.

  The disgruntled COFRA brought the case to Beijing IP Court. Beijing IP Court held that C&A, an affiliated enterprise of COFRA, had enjoyed popularity among the garments industry prior to the filing date of the trademark in dispute. Zhongwei filed a registration of the trademark in dispute on garments with the same name of the trade named of C&A without any permission, damaging the prior trade name of C&A. Meanwhile, Zhongwei, beyond its business scope and without intention for use, had filed for registration and stacked a large number of trademarks without reasonable and fair cause, leading to constitution of acquiring by any other improper means. Therefore, the court dismissed the decision made by TRAB and ordered TRAB to take another look at the case.

  Then Aolenia  appealed to Beijing High People's Court. After hearing, the Court held that the evidence failed to prove the ownership of the trade name of “西雅衣家” by COFRA, so a prior trade name right could not be used to dethrone the trademark in dispute. However, the trademark in dispute was acquired by any other improper means. In this connection, the Court rejected the appeal from Aolenia and upheld the judgment at the first stance.(by Wang Guohao)


  (Editor Shao Jingjing)

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