Recently, application of“ 多 乐 士 Dulux”trademark submitted by Holland AkzoNobel Paints N.V., was dismissed by Trademark Office under the State Administration for Industry and Commerce of China (SAIC) based on an judgment made by Beijing No.1 Intermediate People's Court.

The Court held that, the dispute trademark“Dulux and Image”only showed the feature and main ingredient of insulating paint it approved on, and there were no evidence supporting the dispute trademark’s significance. Thus the Court made the decision to affirm the rejection decision from Trademark Review and Adjudication Board (TRAB) under SAIC.

AkzoNobel had an objection to the decision made by Trademark Office, then filed an review application to TRAB.

The Court found that, TRAB made the rejection decision in March 2014, for the dispute trademark“Dulux”only showed the feature and main ingredient of the insulating paint it approved on and lack of trademark significance.

AkzoNobel then filed an administrative law suit to the Court.

The Court held that, the word“Dulux”in the trademark means glycerolphthalic resin, which is an important ingredient applied on plaints and rubber. According to this, the dispute trademark just showed its feature and main ingredient. Besides, there was no evidence supporting that the dispute trademark’s significance on insulating paints and insulating rubber made by AkzoNobel.

Thus the Court made the decision to affirm the rejection decision from TRAB. During the appeal period, AkzoNobel did not appeal. By the time of press, the decision was effective.

(by Wang Guohao)

(Source: CHINA REPORT INTELLECTUAL PROPERTY)