Case Summary
Company A is an original wedding dress design and sales enterprises, the company's designers and products have won numerous industry honors, and for many years in a row, the e-commerce platform wedding veil sales category first place. Because the company used for many years "Dear White" commercial logo by outsiders in the 14th class jewelry and other related categories, affecting the normal operation of enterprises, entrusted the Kyoto firm special handling.
King & Capital accepted the commission, led by Wang Fei and Wang Ruiqi to form a team of agents. According to the case and the combination of case experience, the two lawyers drew up a comprehensive solution of multiple non-litigation procedures supplemented by litigation procedures, and the team worked closely with each other during the implementation process. The case has gone through 2 objection procedures, 2 invalidation procedures, 1 dismissal review procedures, administrative litigation, first trial, second trial, retrial decision, retrial judgment, a total of 9 procedures. Recently, the case was finally won by the Supreme Court and the client's rights and interests were realized.
Summary
The issue of malicious trademark registration is one of the focal points in trademark cases, and the Trademark Law of the People's Republic of China regulates it in multiple provisions. Compared to Article 13 (Protection of Famous Trademarks), Article 15 (Registration by Agents and Representatives), Article 30 (Prior Application), and Article 32 (Prior Use) of the Trademark Law, which involve the protection of specific subject rights and limited scope of application, the act of "obtaining registration by other improper means" in Article 44 (1) of the Trademark Law harms the interests of unspecified subjects and public order. Article 24 of the "Provisions of the Supreme People's Court on Several Issues Concerning the Trial of Administrative Cases of Trademark Authorization and Confirmation" stipulates: "If a person disrupts the order of trademark registration, damages public interests, improperly occupies public resources, or seeks illegitimate benefits by means other than deception, the people's court may determine that it belongs to the" other illegitimate means "stipulated in Article 44 (1) of the Trademark Law." In judicial practice, for the act of registering a large number of well-known trademarks of others, it can be considered to apply Article 41 (1) of the Trademark Law for regulation. This type of case often requires the integration and application of non litigation and litigation procedures, actively and comprehensively organizing evidence, and adhering to the exhaustion of procedures to protect the legitimate rights and interests of rights holders.
