“Zhao Lian” Trademark Opposition Case (This case was rated as a typical case in 2017)
Opponent: Zhaolian Company
Opposed Party: Nanjing Zhilian Business Consulting Center
Trademark Information: Zhaolian Class 36
The opponent in this case is jointly funded by China Merchants Bank's Hong Kong Wing Lung Bank and China Unicom. "Zhaolian" is derived from the characters "Zhao" from China Merchants Bank and "Lian" from China Unicom, representing the cooperation between the two companies. As a company name and trademark, "Zhaolian" has a special meaning. Zhaolian Company, with the development concept of microfinance and new interconnection, utilizes new technologies and explores new models under the background of "Internet+", building a series of products based on the internet, including credit installment, financing and wealth management, and mobile payment, to provide consumers with inclusive internet consumer finance services. In 2014, the "Zhaolian" trademark was preemptively applied for in Class 36 by the "Nanjing Zhilian Business Consulting Center" on September 4, 2014, and announced on July 20, 2015. After discovering this during routine monitoring, our company filed an opposition with the Trademark Office in October 2015. The reasons and claims for opposition are: the opposed party's application infringes on the opponent's prior use of the "Zhaolian" trademark, constitutes malicious registration, violates the principle of good faith and credit, and violates the relevant provisions of Articles 7, 15(2), 32, and 44(1) of the Trademark Law. According to Article 33 of the Trademark Law, the opponent requests the Trademark Office to rule that the opposed trademark should not be approved for registration. After review by the Trademark Office, a decision was made not to register the opposed trademark.
Typical Significance of This Case
1. For the malicious registration of trademarks with strong originality, the requirement for a certain level of influence when applying Article 32 of the Trademark Law should not be too high.
2. In the Internet age, we must correctly understand the rapid and widespread characteristics of Internet dissemination. In determining trademark recognition and a certain level of influence, we should break through traditional thinking, not overemphasize the duration of time, and adopt a progressive approach, using Internet thinking to understand and determine the recognition and influence of trademarks.
3. When considering the influence of network dissemination and what should be known, we should also pay attention to distinguishing different business entities. Generally, companies engaged in information consulting services and e-commerce are more sensitive to network information, have higher attention, and faster information awareness. When combining specific cases, different entities that should know should also be considered as factors.
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