Meituxiuxiu: Recognition of well-known trademark in Internet context

China’s Supreme People’s Court (SPC) recently rendered an administrative ruling in dismissing a retrial application that the natural person Bei Rongxiong had filed, seeking to overturn the invalidation decision of the Trademark Review and Adjudication Board (TRAB) against his pre-emptive registration of “美图秀秀MEITUXIUXIU” in Class 3. The SPC verdict puts an end to the invalidation proceeding Xiamen Meitu Technology (Meitu) had instituted, upholding the invalidation of the Disputed Trademark and the well-known recognition of Cited Trademark “美图秀秀” in Class 9.

On 24 July 2015, Meitu filed an invalidation request to the TRAB against Bei Rongxiong’s registered trademark “美图秀秀MEITUXIUXIU” (美图秀秀 in Chinese characters and Pinyin) (date of application: 19 April 2013; date of registration: 28 September 2014), citing its prior registered trademark “美图秀秀” in Class 9 (date of application: 8 December 2008; date of registration: 14 October 2010).

On 1 August 2016, the TRAB ruled in favour of Meitu, finding that: (1) the cited trademark “美图秀秀” had reached well-known status with regards to the designated goods in Class 9; and (2) the disputed trademark was a reproduction and imitation of the cited one, in violation of Article 13.3 of the Trademark Law. Therefore, the disputed trademark shall be invalidated.

Li Jie is a legal counsel, and Zhang Han is a senior associate at Wanhuida Peksung IP Group