The case lodged by Swatch, a well-known Switzerland-based watch manufacturer challenging the decision of the Trademark Review and Adjudication Board (TRAB) under the State Administration for Industry and Commerce (SAIC) to withdraw the registration of Swatrich was rejected by Beijing No.1 Intermediate Court recently.

In August 2002, the defendant Xu Jintu filed the trademark in question to be certified in use in Class 25 commodities of costumes with the Trademark Office  (TMO) under the SAIC. Then the mark was challenged by Swatch on the ground of similarity and free ride, however, was rejected by the TRAB and the TMO. The disgruntled Swatch then brought the case to the court and sought reversal of the TRAB’s decision.

The court held that the reference mark Swatch was not a well-known trademark before the mark in question was filed and the allegation that Swatrich copied Swatch was denied. In addition, the two marks are certified in different classes of commodities and they share different customer base, so no similarity is constituted.

(China IP News)