Recently, Beijing Higher People’s Court affirmed a judgment to revoke the decision made by Trademark Review and Adjudication Board (TRAB) under the State Administration of Industry and Commerce (SAIC) of China in the trademark case of 奥莱.

The No.7416906 奥 莱 trademark was owned by Hong Kong- based Chuangtao Company, which was filed for registration in May 2009, certified to be used on Class 7 goods including welding equipment, farm machinery, machine axis and so on. The No.3413701 奥莱尔 trademark owner was OLAER Industries, which was filed for registration in December 2002, and it was certified to be used on Class 7 goods including hydraulic modulator and so on.

On February 13, 2013, OLAER Industries filed an opposition to TRAB as Chuangtao Company violated its trademark right and the two trademarks constituted similarity when used in same or similar goods.

TRAB held that the two trademarks constitute similar trademarks as the products certified to be used on similar products, while the similarity would not be constituted when they were used on other products. Besides, OLAER Industries failed to prove the 奥莱 trademark has violated its trademark right. So TRAB revoked the registration of 奥 莱 on hydraulic pressure machines and hydraulic tool and maintained the registration on other products in the rule.

The OLAER Industries then appealed to Beijing No.1 Intermediate People’s Court.

The Court held that the hydraulic pressure machines, hydraulic tool and machine axis products 奥 莱 certified to be used on are similar to 奥莱尔 in function, production department and consumers. The registration of 奥 莱 on such products has constituted similarity. So the Court revoked the decision made by TRAB and ordered TRAB to make a new rule.

TRAB then appealed to Beijing Higher People’s Court.

After examination, the Court held that the similarity has been constituted as 奥 莱 尔 contained the complete character of 奥莱. The products which two trademarks certified to be used on are similar products. So affirmed.

(by Li Qun)

(Source: CHINA REPORT INTELLECTUAL PROPERTY)