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Disgruntled with the Trademark Review and Adjudication Board (TRAB)’s decision on its complaint of registered trademark 欧珀莱 AUPRES and its figures on Class 19 goods floor board, woods and plywood, Shisedo Liyuan Cosmetics Company took the agency under the State Administration for Industry and Commerce (SAIC) to the Beijing No.1 Intermediate People’s Court.
The trademark in question was filed by a building materials company in Beijing in July 2002. Shisedo Liyuan challenged the registration, which was denied by the Trademark Office under the SAIC. Shisedo Liyuan then lodged an opposition to the TRAB.
Shisedo claimed that the trademark registered on floor panels would lead confusion to consumers, and cause damage to the brand image of high-end and fashion. Besides, the trademark in question would also harm the benefits of Shisedo Liyuan.
TRAB argues that although AUPRES and 欧珀莱 enjoy good reputation, they are not well-known marks. In parallel, the difference between floor panels and cosmetics is obvious in function and use, so the registration is allowed.
The case is still pending. We will follow the development of the case. (Ma Xingchao)
From:CHINA REPORT INTELLECTUAL PROPERTY