Beijing High People's Court recently put a closure to the seven-year patent dispute between Shaanxi Meibang Pesticides Co., Ltd. and a Japan chemistry firm Nippon Soda Co., Ltd., upholding the decision of the Trademark Review and Adjudication Board (TRAB) under the State Administration for Industry and Commerce (SAIC), which denied Nippon Soda's allegation and affirming registration of the trademark of 甲托 JIATUO filed by Meibang.
As a famous chemical firm, Nippon Soda developed a bactericide named thiophanate methyl in 1960s. For almost 40 years, annual turnover of this product hit more than 1,000 tons in China. In May 2004, Nippon Soda challenged the trademark 甲托 JIATUO and sought rejection of registration by TRAB on the ground of constituting similarity with their registered trademark "甲基托布津 TOPSIN-M".
In April, Beijing High People's Court handled the case and held that the significant disparity between the words and pronunciation of the two marks shall not cause similarity and will not lead confusions among the public.
(China IP News)
2013-07-17