Judgment Gist - Before the filing date of the opposed trademark, Westin Hotel Management, L.P. (“Westin L.P.”) successively operated hotels with the brand name “威斯汀 (Wei.
The USPTO refused to register the mark ELEPHANT LEARNING MATH ACADEMY for downloadable educational software apps [LEARNING and MATH ACADEMY disclaimed].
Wednesday, April 14, 2021
This is the second guest post in a 4-part series regarding Chinese well-known trademarks by Yan Zhang, Feifei Bian & Austin Chang of Beijing East IP. The first part is available here.
Previously, we shared our insights on how to secure well-known mark recognitions in China and its benefits. In the next few articles, we will be sharing cases with analysis on how the courts apply well-known mark recognitions to various facts.
1. “Cisco in Chinese” v. “SIKE and SI KE in Chinese”
Foshan City Shunde District Lunjiao Junze Electrical Appliance Factory (“Lunjiao”) applied for the Disputed Mark No. 13618667 on November 27, 2013 and was approved for registration on November 28, 2016 in Class 11 for “electric cooker; electric kettle; electric water heater; electric yogurt maker; electric pressure cooker (pressure cooker); gas stove; gas water heater.” Cisco applied for the Cited Mark No. 3999024 on April 6, 2004 and was approved for r