CPA Successfully Defends Du Pont Trademark Rights
China Patent Agent (H.K.) Ltd. (CPA) is glad to report that it successfully defended on behalf of its client E. I. Du Pont de Nemours and Company the rights of the company in the mark "杜邦" (DU PONT in Chinese characters) in respect of certain designated goods.
CPA was entrusted by the client to file an opposition before the Trademark Review and Adjudication Board of China (TRAB) against a pirate application for "杜邦新科 & device" (DU PONT NEW SCIENCE in Chinese ) in respect of "insulating coating and insulating tape", "composition to prevent the radiation of heat", and "latex (rubber)”, all being goods under Class 17.
In TRAB's ruling issued in early 2012, CPA attorneys' defence of the client's mark in respect of the designated goods “insulating coating and insulating tape" on the grounds of prior marks under Article 28 of the Chinese Trademark Law was supported. As a result, registration of the opposed mark in respect of said designated goods was refused.
The client’s claims in respect of the designated goods "composition to prevent the radiation of heat" and "latex (rubber)", however, were not supported in the TRAB ruling. CPA continued to represent the client by filing an appeal before Beijing No. 1 Intermediate People's Court and argued the case on the grounds of similar marks on similar goods from different aspects, including function, purpose, sale channel, and consumers. The court made a decision in November 2012 in favour of the client's said claims. Accordingly, registration of the opposed mark in respect of the two designated goods was refused as well.
The opposing party, dissatisfied with the court decision, filed an appeal before the Higher People's Court of Beijing. In this second trial, the intermediate court's decisions were upheld, and the case was closed. The client's rights in the mark "杜邦" in respect of the three designated goods were thereby defended.
