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The Beijing High People’s Court recently rendered its final decision on the registration of Three Stripes in question, upholding the ruling of the Beijing No.1 Intermediate People’s Court which held Adidas failed to prove the trademark in question has distinctiveness, and cancelled the registration by the Trademark Review and Adjudication Board (TRAB) under the State Administration for Industry and Commerce (SAIC).
Disgruntled with the ruling by TRAB over the registration of the Three Stripes on Class 25 goods including trousers, swimming trunks and T-shirt, Jinjiang Textile Association brought TRAB to the Beijing No.1 People’s Court. The court held that Adidas failed to prove the trademark in question has distinctiveness as a whole after massive usage, and cancelled the decision by TRAB.
The TRAB and the third party Adidas appealed to Beijing High People’s Court, and it was rejected by the court on the ground of lacking factual evidence and legal basis.
From: China Report