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The case lodged by Quanzhou Tianxian Baobao Food Co., Ltd (Tianxian Baobao), to challenge a decision of the Trademark Review and Adjudication Board (TRAB) under the State Administration for Industry and Commerce (SAIC) was heard by Beijing No.1 Intermediate Court on June 25.
Tianxian Baobao applied for “天线宝宝” as a registered trademark on 2002, certified to be used on Class 29,the good of milk and drinks, and obtained the registration in 2003. Ragdoll challenged the disputed mark at the TRAB on the ground of infringing prior right and the improper trademark registration in 2004. The TRAB revoked the Tianxian Baobao’s trademarks in 2009.
Tianxian Baobao claimed that the registration of “天线宝宝”did not generate ill impact on society. TRAB took the view that Teletubbies cartoon character had distinctiveness and high reputation in the public. While, the plaintiff took advantage of the Teletubbies’s reputation to harvest inequitable interests. Such acts ran counter to the principles of good faith.
As of now, the court has not yet rendered a ruling. We will follow the development of the case.
(by Yang Qiang)
From:CHINA REPORT INTELLECTUAL PROPERTY