The world’s famous website facebook.com, attracts billions of users in its unique way. However, its Chinese trademark was dismissed by the Trademark Review and Adjudication Board (TRAB) under the State Administration for Industry and Commerce of China (SAIC) recently.

Facebook Inc runs the Chinese office of facebook.com. The trademark of“ 脸 谱 ”(application number 9405838) in this case is one of its trademark applied to register in China, intended to be used on Class 41, entertainment and other services, applied on April. 29th, 2011.On  November 15th, 2011, the Trademark Office under SAIC dismissed the application. Facebook Inc asked for a review to TRAB. TRAB rejected its application for the trademark applied is similar to the referred trademark on the similar or same products.

The cited trademark No.5870665 “ 第 8 脸 谱 ”was applied by Guangzhou Bailing Advertising Co., Ltd. in January 2007, registered on Class 41 programming and other services. Facebook Inc then filed a lawsuit to Beijing No.1 Intermediate People’s court against the administrative decision.

The Court held that, the applied trademark was similar to the cited trademark in pronunciation, meaning, and appearance; the two trademarks could easily cause confusion of consumers if used in the same or similar service. Accordingly, the court maintained the decision of TRAB.

(by Mao Liguo)

(Source: CHINA REPORT INTELLECTUAL PROPERTY)