Canon, a global leading manufacturer of imagery products, optical products and office automation products, recently prevails in a trademark dispute in the first-instance decision by Beijing No.1 Intermediate People's Court, denying the natural person surnamed Cai's filing Canon and 佳能 as trademarks on products of metal culverts.

In 1933, when Precision Optical Instruments Laboratory (former Canon Corporation) was established, the name given to cameras manufactured on a trial basis at the time was Kwanon. When the Company sought to begin full-scale marketing in 1930s, the name Canon was registered as the official trademark and official Chinese translation is 佳能.

In November 2005, the person Cai filed the Canon and 佳能 as trademarks on Class 6 products of metal clips and metal culverts etc.

Canon challenged Cai's application during pending period and claimed that the Canon and 佳能 trademarks by Cai were malicious copy of their registered trademarks and similarity was constituted.

Canon claimed that the No. 282217 trademark of Canon and No. 1911239 trademark of 佳能 were filed by Canon in 1986 and 2000 respectively, and have been granted on Class 6 products of steel plates，metal doors and windows, metal culverts and safe cases etc.. Up to now, the two marks are still in force.

After the Trademark Review and Adjudication Board under the State Administration for Industry and Commerce denied Cai's application, Cai brought the case to the court.

Cai claimed that the two marks were not used on similar products and the marks in reference had not been used on products of safe cases and steel plates in commercial practice, and the marks in questions failed to cause confusion among the consumers.

Through the trial, the court held that the marks in questions were similar with Canon's marks and denied Cai's applications. 

(China IP News)