Bailian Oil-Free Compressor Co., Ltd, a R&D-driven compressor maker for more than 20 years based in Anqing of Anhui province, was involved in a figure trademark dispute with the renowned automaker Fiat Chrysler Automobiles Italy Holding Co., Ltd （FCA）.

Recently, on the revocation ofNo.1432998 figure trademark （trademark in dispute）， Beijing High People's Court made a final judgment in sustaining the registration of the trademark in dispute.

Bailian operated business in manufacturing and selling oil-free compressors and parts thereof, and other small-sized general machines. The trademark in dispute was filed in 1999 and registered in 2000, certified to be used on Class 7, air compressor. In March 2010, FCA applied to Trademark Office （TMO） under State Administration for Industry and Commerce （SAIC） for revocation of the registration on the ground that the trademark was not used for three consecutive years between March 11, 2007 and March 10, 2010.

After a second look, TMO made a decision in April 2013, rejecting the revocation application and validating the trademark in dispute.

The disgruntled FCA requested for review to the Trademark Review and Adjudication Board （TRAB） also under the SAIC. In April 2014, TRAB revoked the registration of the trademark in dispute based on that Bailian's evidence failing to prove its actual use of the trademark in dispute on air compressors.

Bailian then brought the case to Beijing No.1 Intermediate People's Court and submitted relevant evidence.

Beijing No.1 Intermediate would later deny Bailian's request in its first instance decision.

Two setbacks in a row left Bailian no choice but seeking the last resort at Beijing High.

Anotary certificate from Bailian showed the product of air compressor, and the trademark in dispute and logo of "风牌" or "FENGPAI" can be found in the trademark figures on the products. Bailian claimed it to prove the use of trademark in dispute. However, FCA thought that the figure of trademark in dispute and logo of "风牌" or "FENGPAI" constituted a new trademark instead of the trademark in dispute, so no use of trademark in dispute can be proved.

Beijing High supported the use of trademark in dispute by Bailian in view of the evidence from Bailian, regardless whether the figure of the trademark in dispute and logo of "风牌" or "FENGPAI" constituted a new trademark or not.

Accordingly, Beijing High made the final judgment overturning both the first-instance ruling and the TRAB decision, and remanded the case back to TRAB for reexamination. （by Wang Guohao）

(Source: CHINA INTELLECTUAL PROPERTY NEWS)