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Beijing High People’s Court recently entered into its final decision, reversing the decisions by the Trademark Review and Adjudication Board (TRAB) under the State Administration for Industry and Commerce (SAIC), upholding the first instance decision and authorized registration of the trademark little people in dispute.
In September 2006, toy giant Mattel filed the trademark little people to be used in commodities of packsack and umbrella. However, the filing was denied by TRAB on the ground that meanings of the little people in Chinese is小精灵 and is similar with the trademark小精灵 in the same class.
Mattel then brought the case to the court. In its decision of first instance, the court held that the little people is not similar among the Chinese consumers and the trademark in dispute will not lead confusions among the public, then revered TRAB’s decisions. The disgruntled TRAB then appealed to the High Court, which would later make the above decision.(By Xie Huandong)
From:China report intellectual property