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Two Trademark Administration Litigation Cases Represented by CCPIT Patent and Trademark Law Office Included in the

Data:2015-05-29

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The Supreme People's Court issued the "The Annual Report of the Supreme People's Court on Intellectual Property Cases (2014)" on April 21, 2015. Two Trademark Administration Litigation Cases represented by CCPIT Patent and Trademark Law Office were included: 1) The administrative retrial case on the trademark "采埃孚(ZF in German)"; 2) The administrative retrial case on the trademark Forevermark.

"The Annual Report of the Supreme People's Court on Intellectual Property Cases (2014)" has included 35 typical cases concerning intellectual property and competition concluded in 2014, from which 50 issues of general reference values are raised. The patent attorneys from CCPIT Patent and Trademark Law Office, relying on their extensive experience, profound understanding of laws as well as their close team work, have won the two cases discussed above.

According to the abstract of "The Annual Report of the Supreme People's Court on Intellectual Property Cases (2014)", the two cases are prominent as following:

The trademark "采埃孚 (ZF)" case clarifies the definition of the "real-party-in-interest" of prior right in Article 31 of the Trademark Law. We have reported on this case in a separate article.

The trademark Forevermark case clarifies the factors needed to be taken into consideration in determining the similarity between Chinese and English trademarks. The Supreme People's Court held that in determining the similarity between Chinese and English trademarks, factors such as the cognitive competence for English trademark of the relative public, the relevance or equivalents of the meaning of the Chinese and English trademarks, the popularity and distinctiveness of the reference trademarks and the actual application of the opposed trademark shall be taken into consideration.