Gates Combats Brand Free Riding

As a large manufacturer of power transmission belts and auto parts, Gates Corporation provides superior quality products to its customers in industrial and automotive fields. Gates Corporation pays high attention to its main trademarks No. 1065493 "GATER" trademark (hereinafter referred to as "GATER") and No. 1518931 "GATES" trademark (hereinafter referred to as "GATES"), and takes positive actions to protect the brand and customers' benefits.

Nevertheless, like other successful brands, Gates Corporation has been suffered from a lot of trademark confusion competitors, some of which even tried to register same or similar trademarks maliciously to make the infringing trademarks seemed legally.

In April 2011, Sanmensanzhu Adhesive Tape Manufacturer, Zhejiang Province, applied for registration of No. 8484631 "格雷科GRECO" trademark certified to be used on automotive transmission belts (hereinafter referred to as opposed trademark). Gates Corporation found that the opposed trademark was visually similar to "GATER", then filed an objection to the Trademark Review and Adjudication Board (TRAB) in July, 2011. TRAB decided that the opposition is justified and disapproved the registration of the opposed trademark.

In 2013, Sanmensanzhu Adhesive Tape Manufacturer applied for a review to TRAB, claimed that the opposed trademark was designed originally and was not same or similar to "GATER"; the opposed trademark would not lead to consumer confusion, nor damage Gates Corporation's antecedent rights. In January 2014, TRAB made the decision that affirmed the ruling of disapproving.

TRAB held that, based on the opinions and evidences presented by Gates Corporation, the significant parts of the opposed trademark was visually similar to "GATER"(certified on Class 7 power transmission belts, not including vehicle engine transmission belts, July 1997) and "GATES"(certified on Class 7 couplings, February 2001); customers could not tell the differences under general care; the opposed trademark was certified on similar products with "GATER" and "GATES". Therefore, TRAB objected the application of Sanmensanzhu Adhesive Tape Manufacturer and disapproved the opposed trademark.

(China IP News)

2014-05-16