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McDonald fails in a trademark dispute in China

2016年07月13日 15:29:42


Recently, the Trademark Office under the State Administration for Industry and Commerce of PRC approved the trademark registration of 我 就 喜 欢, which was applied by Zhejiang- based Ningbo Business Secret Network IPRs Co.,Ltd (hereinafter referred to as Ningbo company), hence the two- year trademark dispute case between Ningbo company and McDonald came to an end.

The trademark in dispute was No.12808560 我 就 喜 欢, which was registered by Ningbo company in June 2013, certified to be used on Class 45 services including IPR consultation, copyright management, IPR supervision and IPR litigation.

In October 2014, McDonald challenged the trademark in question and sought rejection to TMO. McDonald held that it had registered No.3584490 I’M LOVIN’IT trademark in Class 43 services. The registration and use of the trademark in question would make confusion among the public and violate the legal rights of McDonald.

Ningbo company argued that I’M LOVIN’IT trademark filed by McDonald for registration in services. There was no visual similarity between the two trademarks as the trademark in question was applied for registration in Class 45 services including IPR consultations. Ningbo company’s trademark does not create confusion among the public.

After the investigation, TMO held that the two trademarks were applied for registration in different services, and similarity was not constituted. So ordered. (by Mao Liguo)


(Source: CHINA REPORT INTELLECTUAL PROPERTY)


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