The 11-year trademark scuffle over the Sumitomo trademark finally ended. Beijing High People's Court entered into its final decision, denying the requests from Japanese firm Sumitomo and upholding the first instance decision on trademark No.1209774, 住友 (pronounced zhu you, Chinese pronunciation of Sumitomo) owned by Jiangsu Rudong Zhu You Chemical Company.
The appellate court held, though both Rudong's 1209774 trademark and the trademark cited by Sumitomo are in Class 31, the products bearing them differ drastically in function, use, targeted customers and sales channel. They are not similar products. No similar trademarks therefore are constituted. In the meantime, evidences furnished by Sumitomo can only prove its reputation in Japan while failing to prove it is well known by the relevant Chinese public. So Sumitomo has not done enough to prove its trademark qualifying for well-known mark in China. The trial court, Beijing No.1 Intermediate People's Court based its decision on similar reasoning, which was actually first voiced by the Trademark Review and Adjudication Board. The disgruntled Sumitomo then went on to the High Court.
(China IP News)
2013-07-17