We accept the entrustment of Huaqiang Fangte Culture and Technology Group Co., Ltd. to apply to the Supreme People's Court for retrial on the administrative dispute case of "FANTAWILD" trademark objection retrial with the China National Intellectual Property Administration and Coca Cola Company on its behalf. Recently, we received the retrial judgment issued by the Supreme People's Court.
The Supreme People's Court decided to annul the administrative judgment of the second instance of the Beijing Higher People's Court and the administrative judgment of the first instance of the Beijing First Intermediate People's Court, annul the original trademark opposition review ruling made by the Trademark Review and Adjudication Board of the State Administration for Industry and Commerce on the challenged trademark, and decided that the China National Intellectual Property Administration should make a new opposition review ruling on No. 8471841 "FANTAWILD" trademark.
The applicant for the opposed trademark No. 8471841 "FANTAWILD" is Huaqiang Fangte Company, and the designated goods for use are Class 28 "electronic game consoles, game consoles, etc. that are not connected to external display screens or monitors.". The opposed trademark was approved for preliminary approval and announcement by the Trademark Office on April 20, 2011. Coca Cola Company filed a trademark objection application on July 19, 2011, citing that the opposed trademark and its previously registered trademark No. 5174991 "FANTA" constituted similar trademarks on similar goods.
On April 14, 2014, the China National Intellectual Property Administration made a trademark objection review ruling, ruling that the challenged trademark should not be approved for registration. Huaqiang Fangte Company is dissatisfied with the trademark objection review ruling and has filed an administrative lawsuit. The first instance judgment rejected the lawsuit request of Huaqiang Fangte Company, and the second instance judgment rejected the appeal request of Huaqiang Fangte Company, upholding the original first instance judgment.
After accepting the commission, our firm was led by Lawyer Ye Xiujin, the director, to conduct in-depth analysis and research on relevant legal entities and procedural issues such as trademark similarity judgment, continuation of prior similar trademark rights, determination of the validity of evidence used in trademark revocation procedures, service of foreign-related judicial documents, and judicial precedents. We developed a professional litigation combination plan for the client and obtained crucial evidence that was extremely beneficial to the client. After 5 years of litigation, we conducted a trial, In the end, this case was reviewed and brought up for retrial by the Supreme Court, and a successful retrial judgment was obtained. It successfully blocked the opposition application of a third party, Coca Cola Company, regarding the disputed trademark, and secured valuable trademark rights for the client.
Lawyer Ye Xiujin and his team have represented multiple cases that have been reviewed and approved by the Supreme People's Court for retrial, and have won numerous cases with significant impact. These cases have been selected as one of the "Top 10 Typical Intellectual Property Cases of Guangdong Lawyers" and "Top 10 Typical Intellectual Property Cases Undertaken by Shenzhen Lawyers". They have extensive experience in intellectual property administrative property rights confirmation and infringement litigation, as well as civil and commercial litigation arbitration, and can effectively Efficiently meet the high standard legal needs of the client.
