Commerce (SAIC) over the registration of "酷儿" trademark on leather products by the third party Zhang Huaying, Coca-cola then brought TRAB and Zhang to the court and sought reversal of the ruling. The Beijing No.1 Intermediate Court recently made the first instance judgment and reversed TRAB's decision on the trademark in question. 

The Kale Trading Company in Sanxiang Town in Zhongshan City owned by Zhang applied for No. 3154096 trademark "酷兒" and figure (Disputed trademark) to be used on Class 18, schoolbags, luggage, cowhide etc. Coca-cola challenged the trademark to the Trademark Office (TMO) under SAIC. However, the TMO denied Coca-cola's claim and registered the disputed trademark.

Then Coca-cola lodged a reexamination of trademark opposition to TRAB. TRAB held that the disputed trademark is disparity in function, use, making methods and distribution channels, class and consumer group with the three reference trademarks of "QOO"、"酷儿" and the figure by Coca-cola, which can not lead confusion to the public and no similarity is constituted.

The disgruntled Coca-cola brought the case to the court. The court held the disputed trademark infringed Coca-cola's prior copyright and violated the ruling of trademark laws that no one should damage others' existing prior right.

(China IP News)