Supreme Court retrial "Rafi Manor" trademark opposition case

By State Administration for Industry and Trademark Review and Adjudication Board (hereinafter referred to as the judges), Nanjing Golden Hope Wine Co., Ltd. (hereinafter referred to as Golden Hope Company) trademark dispute administrative dispute case, against the Beijing Higher People's Court (2014) Gao Xing ( Zhi) Zhong Zi No. 3129 administrative decision, Lafite Rothschild (hereinafter referred to as Chateau Lafite) to the Supreme Court for retrial. Supreme People's Court on January 7, 2016 ruled that the case arraignment.

August 2, the Supreme Court Fifth open court hearing the case.

Full Court believes that the focus of the dispute case is divided into two areas:

1. Procedural aspects: (1) Chateau Lafite fake evidence of the existence of the case during the proceedings? (2) Chateau Lafite retrial application exceeds "the Administrative Procedure Law," the provisions of the retrial application deadline?

2. The substantive aspects: (1) whether the disputed trademark and the cited trademarks constitute similar trademarks on similar goods? (2) whether the application for registration of the disputed trademark violation "Trademark Law" (2001), the provisions of Article 28?

Then the parties submitted new evidence to the Full Court retrial stage, and the cross-examination. As evidence of the cited trademarks Mingla Fei winery is not a trademark of use, Golden Hope submitted to France in 2008, the Supreme Court cited mark made for cassation; cited as evidence of the Ming Lafei Winery trademark trademark of use, pull Philippine winery submitted during the Shanghai Customs for 2005-2016 "Lafite" series of wine products catalog declaration.

Stage of the debate, the parties are to be heard for the above focus.

Chateau Lafite believe that (1) Chateau Lafite received the second instance verdict in April 7, 2015, in accordance with "the Administrative Procedure Law," the deadline set for October 8 shall apply for a retrial, it is the applicant retrial on September 28 retrial does not exceed the statutory time limit; media coverage of evidence (2) the applicant submitted sufficient proof cited mark has a high reputation in the Chinese market, the relevant public can be established between the cited trademarks and "Rafi" Chinese correspondence. Golden Hope Company as a business commodity wine industry competitors, should be aware of Chateau Lafite cited mark its transliteration case, it will be cited mark corresponding transliteration "Rafael", "Rafi", "Lafayette" the same or similar to the word "Rafi" as the main part of the application for registration of the disputed trademark, specify the use of the trademark and the cited approved use of the same or similar goods commodity, easy to make the relevant public to identify the origin of the goods have mistaken. Therefore, the disputed trademark and the cited trademarks constitute use similar trademarks in the same or similar goods on their registration in violation of the "Trademark Law" Article 28 provisions.

Golden Hope Company believes that (1) a second trial date for March 18, 2015, Golden Hope Company received the second instance verdict in March 26, 2015, so the applicant should receive a second instance verdict in the same period; (2) determine whether the disputed trademark and the cited trademarks constitute similar, in addition to the constituent elements of both, it should also be considered significant cited trademarks, visibility and use of trademarks and other factors. Prior to the filing date of the trademark dispute, only a few media reports cited trademarks and Chinese "Rafi", it can not confirm the cited mark before the filing date of the trademark dispute with a reputation in the market in mainland China.

Background of the Case

Golden Hope company in April 1, 2005 to apply for registration No. 4578349, "Rafi Manor" trademark (hereinafter referred to as the disputed trademark), for use in Class 33 designated wine, wine (drink), wine (alcoholic) on other commodities. Trademark dispute on November 14, 2007 approved for registration, the exclusive period to November 13, 2017.