Zippo Manufacturing Company intends to file for registration of 3D lighter trademark in China, but it was rejected by the Trademark Office (TMO) under the State Administration for Industry and Commerce (SAIC) after preliminary examination. Recently, Beijing Higher People’s Court made the final decision which maintained the verdict of first instance by upholding the ruling of the Trademark Review and Adjudication Board (TRAB).

On December 5, 2001, Zippo Manufacturing Company applied for registration of No.3031816 trademark to TMO. The trademark involved was a 3D image certified to be used on Class 34 cigarette lighters commodities. After preliminary examination announcement, a Wenzhou based company Hengxing smoking and optical utensil and Wenzhou Smoking Utensil Association separately submitted objection requisition. Then the TMO made a decision to reject the application for the trademark didn’t conform to China’s trademark law.

Both Hengxing and Zippo were not satisfied with the decision and requested a review to the TRAB under SAIC. On November 11, 2013, TRAB made a decision to reject the trademark application. Zippo then filed a lawsuit against TRAB to Beijing No.1 Intermediate People’s Court.

The court held that, the image of the trademark involved was not the only shape of the smoke lighters in the market; while the square box, upper cover, hinge and rounded angles were shapes“existing for achieving technical effect of the goods or enabling the goods to keep substantive value”according to the trademark law. Thus, the Court held that the image of the involved trademark didn’t conform to the trademark law and rejected Zippo’s lawsuit.

The disgruntled Zippo then brought the case to Beijing Higher People’s court.

After hearing, Beijing Higher People’s court made the final decision to maintain the rule made by Beijing No.1 Intermediate People’s Court.

(by Zhu Wenming)

(Source: CHINA REPORT INTELLECTUAL PROPERTY)