Recently, Lawyer Zhang Hong and lawyer Li Shuhua of Beijing Janlea Law Firm represented the Coca-Cola Co., Ltd. in the “Kuwawa and picture” trademark opposition review administrative litigation and won in the first-instance trial.

The third party Zhang Yinghua applied for the registration of the opposed trademark “Kuwawa and picture” on brewery products. Coca-Cola cited the evidence of its registration of “Qoo” and “Qoo Figure” trademarks on water (drink) and juice products and hence proposed opposition.

This series of cases were trialed by Beijing No.1 Intermediate People’s court. The court gave the first-instance ruling that “Kuwawa” and “Qoo” had similar meanings, and that the the pictorial part of the opposed trademark had a similar overall design with the cited “Qoo Figure” trademark, and therefore the opposed trademark and the cited “Qoo” and “Qoo Figure” trademarks were indeed similar. The beer products associated with the opposed trademark and the water (beverage) associated with the cited trademarks, no.1 and no.2, were similar in terms of their customers and places for sales. The relevant public normally would assume a specific connection between the two and thus confusion could be easily caused. Therefore, the opposed trademark, used on beer products, would easily cause confusion with the cited trademark. The adjudication of the Trademark Review and Adjudication Board was repealed.

The case was enlisted in the Exemplified Cases on Trademark & Patent Authorization & Confirmation on the 10th Anniversary of Beijing No.1 Intermediate People’s Court. The case received an open trial on December 2nd 2011 at Beijing No.1 Intermediate People’s Court. People, Judicial Protection For Intellectual Property in China, and other well-know websites reported the instance. Related web pages are listed below:

http://www.people.com.cn/h/2011/1202/c25408-1-572720678.html

http://news.hexun.com/2011-12-02/135929672.html

http://www.chinaiprlaw.cn/file/2011120622093.html