After Switzerland’s Swatch Group AG’s trademark application of 宝 曼 BALMAIN was rejected by the Trademark Review and Adjudication Board (TRAB) under the State Administration for Industry and Commerce, the disgruntled Swatch Group then filed an administrative lawsuit. Recently, the Beijing No.1 Intermediate People’s Court withdraws the decision made by TRAB in first instance.

The No.9333453 宝 曼 BALMAIN trademark was filed by Swatch Group for registration in Apirl 2011, certifying to be used in Class 14 goods like clock.

After that, the Trademark Office under the SAIC decided to reject the application of 宝 曼 BALMAIN because it constituted similarity with the cited trademark 宝 缦 Bermo and its figure. The disgruntled Swatch Group applied for a review to TRAB.

The No.6767398 trademark 宝缦 Bermo and its figure was filed by Jiangsu Bermo Company is June 2008, certifying to be used on Class 14 goods like precious metal alloy, jewelry box and so on.

After TRAB rejected the application of 宝 曼 BALMAIN, Swatch Group then filed an administrative lawsuit to Beijing No.1 Intermediate People’s Court. Swatch Group alleged that its trademark has gained significant difference from the cited trademark after it was used in China. The similarity was not constituted.

The court held that although the two trademarks have the similar pronunciation, the cited trademark have been revoked by TMO, which cannot claim priority right. So ordered.

(by Mao Liguo)

(Source: CHINA REPORT INTELLECTUAL PROPERTY)