China’s Supreme People’s Court (SPC) reaffirmed in a recent Gazette case, Spider King Group Co Ltd v TRAB and USA Spider Group Limited, that the reputation built up on a prior mark may extend to a later mark by the same applicant, but categorically denied the extension of trademark registration, except through registration renewal.
Wanhuida Peksung IP Group
Senior Partner
Spider King Group (China Spider) is a major footwear maker and the owner of three registered trademarks in class 25 in China – Cited Mark 1 registered in 1997, Cited Mark 2 in 2001, and Cited Mark 3 in 2003.
However, before Cited Mark 2 was registered by China Spider, US Spider King Group Limited had registered in 1998 another spider device in China. The trademark (prior registration), which is the combination of a spider device, the Chinese characters “中吉” and its pinyin, “ZHONGJI”, was registered in class 25, designating baby clothes, shoes, swimsuits, etc.
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Jack Su is a senior partner and Aileen Wu is an associate at Wanhuida Peksung IP Group
Yiyuan Office Building, Friendship Hotel
No. 1 Zhongguancun Street South
Haidian District, Beijing 100873, China
Tel: +86 10 6892 1000
Fax: +86 10 6894 8030
E-mail:
jack_su@wanhuida.com
aileen_wu@wanhuida.com
