Beijing Law Network Wechat News on May 7th. Recently, the Beijing Intellectual Property Court heard that the “Xia Kedao” series of trademarks (hereinafter referred to as the disputed trademark) registered by the plaintiff Shanghai Jiu’an Advertising Co., Ltd. constituted the trademark The case of the first paragraph of Article 44 of the Law “Acquisition by other improper means” shall be declared invalid. 
“Xia Kedao” is a brand column of the third-party overseas media company in this case, and it is also the overseas of “People’s Daily” The official WeChat public account and Weibo account of the Chinese version have influence in China and even in the world. Therefore, Overseas Network Media Co., Ltd. filed a request for invalidation to the State Intellectual Property Office against the trademark that the plaintiff Shanghai Jiu’an Advertising Co., Ltd. applied for registration. 
Trademark dispute
“Xia Kedao” is a brand column of the third-party overseas media company in this case, and it is also the overseas of “People’s Daily” The official WeChat public account and Weibo account of the Chinese version have influence in China and even in the world. Therefore, Overseas Network Media Co., Ltd. filed a request for invalidation to the State Intellectual Property Office against the trademark that the plaintiff Shanghai Jiu’an Advertising Co., Ltd. applied for registration.
Trademark dispute
After examination, the State Intellectual Property Office found that the application for registration of the trademark dispute constituted the first paragraph of Article 44 of the Trademark Law In the case of “acquiring the registration by other improper means”, the disputed trademark is ruled invalid.
Shanghai Jiu’an Advertising Co., Ltd. refused to accept the invalid decision of the State Intellectual Property Office and appealed to the Beijing Intellectual Property Court.
Beijing Intellectual Property Court found after trial that “other unfair means” means:
Beijing Intellectual Property Court found after trial that “other unfair means” means:
disturbing the order of trademark registration by other means than deception, Acts that damage public interest, improperly occupy public resources, or seek improper interests to permit the registration of a disputed trademark include the behavior of applicants for a disputed trademark adopting large-scale and large-scale squatting of trademarks of others with a certain reputation.
In addition to the disputed trademark, Shanghai Jiu’an Advertising Co., Ltd. has applied for different categoriesMore than a thousand trademarks have been registered, including many trademarks that are the same or highly similar to well-known logos, and Shanghai Jiu’an Advertising Co., Ltd. failed to make a reasonable explanation of its trademark origin and intention to use.
The above behavior of Shanghai Jiu’an Advertising Co., Ltd. has obviously exceeded the normal commercial use requirements, has the malicious intention of using other well-known brands to conduct unfair competition or obtain illegal benefits, and does not Have the proper legitimacy of the registered trademark. It improperly occupies public resources, disrupts the normal order of commercial registration management, and detracts from the market order of fair competition. Therefore, the application for registration of the trademark “Xia Ke Dao” has constituted the “registration by other improper means” prescribed in the first paragraph of Article 44 of the Trademark Law of 2014 and should be prohibited.
Accordingly, the Beijing Intellectual Property Court rejected the lawsuit request of Shanghai Jiu’an Advertising Co., Ltd. in the first instance. At present, the case is still under appeal and has not yet entered into force.
(the original title “” Xia Kedao “trademark was registered maliciously Court first trial: invalid attachment!”)