Janlea’s lawyers, i.e. Mr. Zhong Hong and Mrs. Li Shuhua won the success in Coca-Cola Companies’ First Instance of Administrative Lawsuit concerning Review of Opposition against the Trademark “KU ER ZAI in Chinese & device”.

The third party Zhang Yinghua registered the opposed trademark “KU ER ZAI in Chinese & device” on “beers”. Coca-Cola Company cited its registered trademarks “KU ER in Chinese” and “KU ER in Chinese & device” on “water (beverages); fruit juice” and filed an opposition against the third party’s trademark.

After hearing, the first instance decision rendered by Beijing No.1 Intermediate People’s Court rules as follows: Coca-Cola Company maintained that as its trademark “KU ER in Chinese & device” is of originality and replicable, the said trademark is one of the “works” defined by Copyright Law of the P.R.C. Judging from the Copyright Registration Certificate submitted by Coca-Cola Company, it does enjoys copyright to the trademark “KU ER in Chinese & device” involved in this case. In spite of certain difference between device part of the opposed trademark and the work involved, they are still similar in aspect of manifestation manner and thus constitute similar marks. Registration of the opposed trademark has infringed the copyright enjoyed by Coca-Cola Company. Hence, the decision rendered by the TRAB was revoked.

This is the first successful case since Janlea agented Coca-Cola Company’s copyright cases involving “KU ER in Chinese & device”.