CPA Successfully Represents Japanese Client in Bulk Preemptive Trademark Registration Cases Involving Betta Brand
China Patent Agent (H.K.) Ltd. (CPA) is glad to report that we have won a series of trademark administrative cases on behalf of our Japanese client Zoom. T Co., Limited involving its award-winning Betta brand. The final, second-instance rulings of the cases were made recently by the Beijing Higher People's Court, which supported our trademark invalidation requests on the grounds of "registration by any other unfair means" under Article 44.1 of the Trademark Law of China.
The respondent in this series of cases preemptively registered a large number of trademarks identical to our client's Betta brand or similar to the distinctive parts thereof, including "Doctor Betta" on goods covering "shampoo" in class 3, as well as "BETTA", "Betta贝塔", "BETTA BABY FIRST", and "BETTA BABY BOTTLE" on goods covering feeding bottles in class 10. In addition, the respondent also applied for registration of the identifications of the awards conferred to our client's Betta brand and substantial trademarks involving the baby products brand "NUK" and hotel brands including "WESTIN' and "Sheraton".
Our firm filed on behalf of the client the requests for invalidation of the aforesaid registered trademarks, citing Article 44.1 of the Trademark Law and providing evidence for the respondent's preemptive registrations. We also collected evidence to prove that the respondent, with the knowledge of the Betta brand's reputation, intended to solicit business partnership by resorting to the threats of the preemptively registered trademarks in bulk.
The respondent argued that the trademark registrations at issue were for commercial purposes but failed to convince the Beijing Higher People's Court, which issued the decisions that the trademark registrations had disturbed the order of trademark registration and fell under the circumstances of "registration by any other unfair means" in Article 44.1 of the Trademark Law of China.
Our client, satisfied with the rulings and with boosted confidence in China's IP protection for the rights owners, held a press conference in Beijing announcing its business development plans in China market. CPA assistant general manager Mr. Yuan Shaohui and our attorney team responsible for the cases were invited to the press conference, during which our attorneys shared with the media and corporate representatives how we have fought the years-long battles of safeguarding the client's trademark rights and interests in the country.
