Beijing High People's Court entered into a final decision on a high profile legal battle recently, identifying the validity of the trademark Cartelo, held by a Singaporean company and challenged by the France－based Lacoste.

Cartelo, dubbed as Singaporean crocodile, was filed for registration in 1993.  Lacoste, known as French crocodile, would later challenge that request.  The Trademark Office  (TMO) of the State Administration for Industry and Commerce (SAIC) quashed that challenge and proceeded with registration in 2003.  Lacoste then filed for reexamination.  The Trademark Review Board (TRB), also under the SAIC, affirmed the TMO decision in 2005.  Lacoste then resorted to court battle at the Beijing No.1 Intermediate People's Court.  The trial court then reversed the TRB decision.  TRB and Cartelo went on appeal. 

The high court held that the two trademarks have been coexisting for years and have their respective reputation and distinctiveness which are sufficient enough for the relevant public with ordinary attention to distinguish.  The court then reversed the No.1 court decision and upheld the TRB ruling.

(China IP New)