In December of 2004, Beijing Janlea Trademark Agency Co., Ltd, as the authorized agency of Mr. Yao Ming (hereafter referred to as the opponent), filed an opposition against the trademark “YAO RI YUE in Chinese/YAORIYUE” under Reg. No. 3419286 registered on “machines for physical exercises; sweat absorbing stripe for bat or racket” in class 28 in the name of Ji Junqiang(hereafter referred to as the opposed party). The opposed party did not respond within the specified period.

The opponent’s arguments for opposition are as follows: as the opponent, i.e. Mr. Yao Ming, is a very famous basketball player in China and thus enjoys very high publicity worldwide, the Chinese characters in the opposed trademark “YAO RI YUE in Chinese/YAORIYUE” are easily to be mistaken as “YAO MING in Chinese”; the opposed trademark, if approved of registration on “machines for physical exercises; sweat absorbing stripe for bat or racket” in class 28, is liable to enable consumers to take it for granted that there are certain correlations between the opposed party’s products and the opponent, resulting in confusions, misidentifications and unhealthy social influence.

After hearing, the Trademark Office rendered the decision (2009 Trademark Opposition No. 00319) on Jan 14, 2009: According to Article 10.1.8 and 33 of Trademark Law of the P.R.C, this office rules that the opponent’s arguments for opposition are tenable and therefore, the trademark “YAO RI YUE in Chinese/YAORIYUE” under Reg. No. 3419286 shall not be approved of registration.