The Trademark Office under the State Administration for Industry & Commerce (SAIC) determined "益达" as well-known mark used on non-medical gum owned by The Wm Wrigley Jr Company （Wrigley）in April 2012. However, Wrigley lost the fight against the reversal of the ruling by the  Trademark Review and Adjudication Board (TRAB) under SAIC.

TRAB affirmed the registration of "YiDa益达"trademark used on toothpaste owned by Guangdong Qiancai Cosmetics Co. , Ltd (Qiancai) in June 2012. The disgruntled Wrigley brought the case to the TRAB. TRAB maintained that Wrigley failed to prove the trademark of"益达" enjoyed high reputation and was familiar among Chinese customers before the trademark in question was registered. Thus TRAB denied Wrigley's application. Wrigley then appealed to the court. The court would hear recently.

Lingering scuffle

In October of 2004, a natural person, Chen applied for the registration of trademark of "YiDa益达" used on toothpaste and cleanser. In the announcement period, Wrigley lodged a request for emark opposition to TRAB on the ground of similarity with"益达"in the same goods. Wrigley held that the trademark in questioned constituted an imitation on purpose which would cause confusion among consumers.

The Trademark Office and TRAB both held the dispute trademark did not lead confusion to the public and no similarity is constituted. TRAB also maintained Wrigley failed to prove the trademark of"益达" enjoyed high reputation and was familiar among Chinese customers before the trademark in question was registered in October 2004.

Continuous dispute

The disgruntled Wrigley brought the case to the Beijing No.1 Intermediate People's Court. Wrigley held that the defendent took advantage of the well-known trademark "益达" 's reputation on purpose to gain visibility. Such acts ran counter to the principles of good faith. Unfair competition was in place too.

 "Both xylitol sugar-free gum and toothpaste have functions of cleaning and protecting teeth and the same consumer groups. Qiancai used "益达" on the product which mislead the public.The packing of toothpaste was similar with their registered trademark which would also lead confusion to the public,"the Wrigley principal told our reporter recently.

Qiancai said that the main selling point for the "益达"toothpaste was that  Xylitol could provide the comprehensive protection of the teeth. The toothpaste had been recognized and well received by consumers since October 2010 which maintained competitive advantage in the cleaning and oral care market industry.

We will follow the development of the case. 

 (China IP News)