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The case lodged by the Korea-based Vov Cosmetic Co.,Ltd (VOV) challenging the Trademark Review and Adjudication Board (TRAB) under the State Administration for Industry and Commerce (SAIC) was rejected by Beijing No.1 Intermediate Court recently.
In December 2001, Shenyang Liangmin Cosmetics Company applied for registration of trademark for “VOV薇澳薇” to be, used on cleansing foam. The company then transferred the trademark to a third person with the name of Mr. Zhang. VOV sought legal remedy for reversal on the ground that “VOV薇澳薇” logo constituted an imitation of “VOV” and the registraion of“VOV薇澳薇” would mislead the public and injure the trade name right of VOV.
TRAB affirmed the registration of trademark of “VOV薇澳薇” on August 16, 2010. VOV failed to prove the influence of the prior use of its trademark in the mainland and the evidence of VOV submitted could not prove its high reputation in China before the registration.
From: China Report Intellectural Property