Recently, Beijing People’s High Court issued verdicts on the administrative litigations concerning trademarks “新鲜屋” of Beijing Miaoshi Milk, canceling the administrative verdicts on trademark Nos. 1103056 and No. 1122857 made by Beijing No. 2 Intermediate People’s Court and the dispute adjudications on the same trademarks made by China Trademark Review and Adjudication Board (the “TRAB”). Beijing Miaoshi Milk finally overcame TRAB and safeguarded two trademarks “新鲜屋” after a period of two years.
In these typical trademark administrative litigations, Miaoshi Milk experienced a series of frustrations but succeeded at last. The two trademarks “新鲜屋” concerned were originally registered by Hebei Kangda Co., Ltd. on September 1996 and transferred to Miaoshi Milk on May 20, 2002. In April 2002, International Paper (Shanghai) Co., Ltd. applied for cancellation of these two marks with the TRAB on the grounds of improper registration. In October 2004, TRAB made the adjudications on canceling the two trademarks “新鲜屋”. Miaoshi Milk did not accept the adjudications and brought law suits to Beijing No. 1 Intermediate People’s Court. After losing in the first instance, Miaoshi Milk did not give up and chose Unitalen to make last try. Beijing People’s High Court issued the above final verdicts on August 2006.
(For more details of the case, please feel free to contact Unitalen Attorneys at Law )
