Recently, lawyer Shuhua Li of Janlea Law Firm represented Lee Kum Kee Co., Ltd’s “Li Jin Ji” trademark opposition review administrative litigation case and succeeded in the first-instance trial.

The plaintiff, Shenzhen Li Jin Ji Food Co., Ltd, on the grounds that the opposed trademark and the cited trademark had obvious differences in textual content and arrangement, visual perception, and pronunciation, not constituting similar trademarks, that the plaintiff’s “Li Jin Ji” trademark had been used for many years, having received many honors and possessing strong distinctiveness, high reputation, and appreciation, and that it would not cause the public to confuse the two trademarks, filed an application to Beijing No. 1 Intermediate People’s Court for the cancelation of the adjudication made by the Trademark Review and Adjudication Board. 

After the trial at Beijing No. 1 Intermediate People’s Court, the ruling held that the opposed trademark was the “Li Jin Ji” textual trademark and the cited trademark consisted of “Lee Kum Kee” and a picture, with the distinguishing part as “Lee Kum Kee”. The opposed trademark and the cited trademark had difference only by one character and also similar pronunciation. The two, co-existing on the same of the similar products, would easily cause the relevant public to misconceive the sources of the products or assume a specific connection between the two. The evidence provided by the plaintiff during the review was not sufficient to prove that the opposed trademark, through application, had formulated sustaining market order. Therefore, its contention that the opposed trademark, after long-term usage, would not be confused with the cited trademark lacked factual basis. Thus, the adjudication of the Trademark Review and Adjudication Board was affirmed.