Trial authorities: Beijing Intellectual Property Court, Beijing Higher People's Court



Trial result: The disputed trademark is upheld



Acting lawyers: Ye Xiujin and Dong Yanfang



The disputed trademark No. 11063493 "Xiong Chui BOONIE BEARS" registered on Class 30 "candies, biscuits" and other goods in this case has great market value in China. The maintenance and registration of the disputed trademark is of great significance to Huaqiang Fangte Culture Company.



On November 29, 2013, Zhang Shujing applied to the China National Intellectual Property Administration for invalidation of the trademark in dispute. The China National Intellectual Property Administration ruled that the trademark in dispute should be declared invalid on some commodities such as "candy and biscuits", and maintained on other commodities.



Huaqiang Fangte Culture Co., Ltd. entrusted Desai Intellectual Property to file an administrative lawsuit. The Beijing Intellectual Property Court held that the disputed trademark and the cited trademark did not constitute similar trademarks, and revoked the invalid ruling of the China National Intellectual Property Administration.



The China National Intellectual Property Administration filed an appeal, and the Beijing Higher People's Court rejected the appeal and upheld the original judgment.



This case successfully blocked the application of the invalidation requester, maintained the effective registration of the trademark by the principal, and achieved the purpose of the commission.