A trademark named“ 威 尼 熊 ” registered by Lingxiuhongri, a knitted fabric factory in Shishi City, Fujian Province, caused a dispute between Lingxiuhongri and the Walt Disney Company (TWDC). After being revoked by the the Trademark Review and Adjudication Board (TRAB) under the State  Administration for Industry and Commerce， Lingxiuhongri filed an administrative law suit to Beijing No. 1 Intermediate People’s Court. Recently, the Court affirmed the TRAB’s original adjudication.

The trademark in dispute is No. 3915462 trademark“ 威 尼 熊 ”, registered by Lingxiuhongri in February, 2004, ratified to be used on Class 25 goods like clothes and hats and so on. Within the legal time limit, TWDC filed a dispute application, asking for revoked the trademark in dispute for it being similar trademarks with the cited trademark on same or similar goods.

The cited trademark is No. 2018292 trademark “WINNIE THE POOH”, registered by TWDC in January, 2001, ratified to be used on Class 25 goods like clothes and hats and so on.

TRAB held that, the dispute trademark and the cited trademark are similar trademarks on same or similar goods. For this reason, TRAB revoke the trademark. Lingxiuhongri then brought the case to the Court.

The court held that, the cited trademark,“WINNIE THE POOH”, had a congruent relationship with Chinese words“小熊维尼”by the perennial use of TWDC; “ 小 熊 维 尼 ”had become the socially recognized Chinese translation for“WINNIE THE POOH”; the trademark in dispute, “威尼熊”had the same meaning and similar pronunciation with“ 小 熊 维 尼 ”. Based on the reasons above, the court made the decision.   (by Zhang Ling)

(Source: CHINA REPORT INTELLECTUAL PROPERTY)