The International lighting giant Osram Company recently filed an opposition to the Trademark Review and Adjudication Board (TRAB) under the State Administration for Industry and Commerce as the 欧 特 朗 trademark filed by Guangdong-based Outelang Lighting Company constitute similarity to its 欧 司 朗 OSRAM trademark. After the registration of 欧 特 朗 trademark was denied by TRAB, the case was brought to Beijing IP Court. Recently, the court made the first- instance rule which maintained the decision made by TRAB.

The court held that the evidences provided by Osram could prove that there was certain relationship between 欧 司 朗 and OSRAM after long-term publication. In terms of character, the dispute 欧 特 朗 trademark is similar with 欧 司 朗. In terms of pronunciation, 欧 特 朗 was also closer with 欧 司 朗 and OSRAM. The trademark in dispute could constitute similarity with 欧 司 朗 and OSRAM in character and pronunciation, which could cause confusion among the public when used in the same and similar products. The defendant could not provide enough evidences to distinguish 欧特朗 from 欧司朗 and OSRAM in lighting products. So ordered.

(by Mao Liguo)

(Source: CHINA REPORT INTELLECTUAL PROPERTY)