As the world's healthcare giant, Johnson & Johnson has sued Guilin Zhonghui Biotechnology Co. for many times since 2006 for trademark infringement. Recently, the Trademark Appeal Board (TRAB) under the State Administration for Industry and Commerce (SAIC) ruled to revoke Johnson & Johnson's trademark "ONETOUCH"—a preliminary result of the seven-year trademark war—which brought about a favorable result for Zhonghui Biotechnology Co. But Johnson & Johnson has recently announced that it will appeal the ruling to protect its right.

As far as the TRAB's concerned, the only difference between Johnson & Johnson's trademark "ONETOUCH" and "ONE TOUCH" used by Zhonghui Biotechnology Co. is the blank between the two words, which is hard to distinguish and hence constitute similar marks. According to the evidence the two companies provided, the time when Zhonghui Biotechnology Co. used the mark "ONE TOUCH" is earlier than Johnson & Johnson's application for the trademark "ONETOUCH". Moreover, Johnson & Johnson could not prove the close tie between it and its trademark "ONETOUCH". Given these circumstances, the TRAB reached the decision to revoke the trademark "ONETOUCH".

On January, 9, 2014, Johnson & Johnson announced on its official website that it was very disappointed at TRAB's ruling. Its response means the continual of the trademark war.

According to the latest information, Johnson & Johnson has filed an administrative proceeding against the TRAB to Beijing No.1 Intermediate People's Court, requiring to revoke TRAB's ruling. We will follow the development of the case.

(China IP News)