3-Dimentional Mark of Pfizer Protected in China

On December 27, 2006, a court in Beijing issued a decision cracking down on infringement against trademark right of Pfizer over a registered 3-dimensional mark.

In 2003, US-based pharmaceutical company Pfizer Products Inc. got a trademark registration for a 3-dimentional mark in China. The mark is in the shape of diamond with designation of blue color. Designated goods include medicine for human. The blue diamond mark is used for well-known ED drug Viagra worldwidely.

Pfizer found two Chinese companies provide ED drugs in Chinese market, which is in the form of tablet with shape and color similar to Pfizer's registered 3-dimentional mark.

On October 11, 2005, Pfizer Products and its licensee in China, Pfizer Pharmaceuticals Ltd., jointly instituted legal proceedings against three Chinese companies and a pharmacy for trademark infringement, based on the 3-dimentional mark.

The defendants deny similarity between the appearance of their products and the mark of the plaintiff, either in color or in shape.

The court decided that although the shape and color of the alleged infringing products and those of the Pfizer's mark are slightly different, they are confusingly similar.

The defendants also challenge the registrability of the Pfizer's mark on the ground of distinguishness. The argument was not accepted by the court. In the matter of fact, a company related to one of the defendants had initiated a cancellation procedure before the Trademark Review and Adjudication Board against the mark. The court also rejected the stay request made by the defendants during the court hearing.

Two manufacturers and the pharmacy are found liable for their infringement and therefore, a permanent injunction was issued against the three defendants and the two manufacturers were ordered to pay damages of RMB 300,000 (approximately USD39,000) each to the plaintiffs and pay the court fee. However, the court held that as the pharmacy is exempted from paying damages to the plaintiffs as they provided evidence showing that they got the products from a legitimate channel.