Disgruntled with the ruling by the Trademark Review and Adjudication Board (TRAB) under the State Administration for Industry and Commerce (SAIC) over the registration of its SPARQ, Nike International (NIKE) sought reversal of the ruling at the Beijing No.1 Intermediate Court. The court heard the case recently.
NIKE obtained the No. G861465 trademark “SPARQ” through territorial extension applications of international registration certified to be used in Class 9, 28, 38 and 41 in March 2005. However, the Trademark Office (TMO), also under SAIC, rejected the registration used in Class 9 and 28.NIKE then lodged an opposition against the decision which was denied by TRAB.

NIKE asserted the No. G861465 trademark “SPARQ” and the No. G558364 trademark “SPAR” (cited trademark) were evidently distinctive in figure and characters sequence and the cited trademark used on extinguisher in Class 9 which were not similar marks used on similar goods.

TRAB revoke the registration on the ground that SPARQ is similar with SPAR in characters and used on sports which would cause confusion among consumers.

The trial is pending for decision in due time.

(China IP News)