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DIAGEO fails to enjoin similar marks
The case lodged by DIAGEO BRANDS B.V. (DIAGEO), challenging Trademark Review and Adjudication Board (TRAB) under the State Administration for Industry and Commerce (SAIC) and Fujian Jinjiang Shenglong Food Co.,ltd (Shenglong) for improper registration of trademark was rejected by Beijing No.1 Intermediate Court recently.
The court held the two trademarks were similar marks in meaning indeed. However, the DIAGEO failed to prove the trademark of “JOHNNIE WALKER” enjoyed high reputation and was familiar among Chinese customers before the trademark in question was registered. Shenglong did not fall in the scope of infringing a well-known trademark under the Trademark Law.
(From China Report Intellectual Property)