As a worldwide famous manufacturer of electric appliances and related systems, Simon Holding S. L. set up Simon electric (China) co., Ltd(hereinafter referred to as Simon) in 2008. A trademark of "Smondavi and image" from Wenzhou Smondavi electric co., Ltd(hereinafter referred to as Smondavi) causes a controversy of Simon. Recently, Beijing No.1 Intermediate People's Court made a decision of revoking the trademark above.

"Smondavi and image" was applied for registration in 2009 by Smondavi, and was approved in 2010, certified on commodities of Class 9, electric switches, sockets, electric bells and lighting ballasts.

The two reference trademarks of Simon are both about its core products. One is No. 1522093 "simtone", registered in February, 2001, certified on commodities of Class 9, distribution consoles, sockets, transformers, brake chambers (electric) and visual telephones; the other is No. 4241088 "smitone", registered in January, 2007, certified on commodities of Class 9, cables, electrical switches, high and low voltage switch boards and control boards (electric).

The Trademark Review and Adjudication Board (TRAB) under the state administration for industry and commerce approved the objection of "Smondavi and image" and dismissed it.

Smondavi appealed to Beijing No.1 Intermediate People's Court, asking for overruling the decision of TRAB. The Court held that, "Smondavi and image" looked similar to the two reference trademarks in design, and were used on the same or similar kinds of commodities, would lead to customers' confusion. According to this, the court affirmed the decision of TRAB.

(China IP News)