Winning the judgment doesn’t necessarily end the dispute

By Jiang Fengtao and Meng Aihua, Hengdu Law Offices
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Recently Soufun.com, a well-known real estate-related website, was renamed Fang.com, and this bold move caused intensive discussions. Soufun.com lost the case, however it is worth noting that the judgment anticipates a variety of risks for the future rights protection activities of the winning party.

Case introduction

On 4 September 2003 Beijing Soufang Real Estate Brokerage and Beijing Daojieshi Investment Consultancy Services jointly filed an application to the Trademark Office of the State Administration for Industry & Commerce (SAIC) to register the trademark No. 3702986 “sofan, or搜房” (the opposed trademark) on class 35, specified items including, without limitation, advertising communication, advertising, advertising agency, auction, and business relocation (information provision).

Jiang Fengtao Managing Partner Hengdu Law Offices
Jiang Fengtao
Managing Partner
Hengdu Law Offices

After a preliminary examination and approval for publication of the mark, Beijing Soufang Internet Information Services (the third party) filed a trademark opposition against trademark No. 3702986. After going through the review of the Trademark Review and Adjudication Board (TRAB) and the first instance of administrative litigation, Soufang Real Estate and Daojieshi finally appealed to Beijing Higher People’s Court.

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Jiang Fengtao is the managing partner and Meng Aihua is a lawyer at Hengdu Law Offices

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