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

The third party, Crocodile Garments Co., Ltd. applied for and registered the opposed trademark “CROCO COLA” on bars, snack bars, restaurants and related services. Coca-Cola cited the trademark “COCA-COLA” it registered on alcohol-free drinks and related products and proposed the opposition.  

This series of cases were trialed by Beijing No.1 Intermediate People’s court. The court gave the first-instance ruling that the relevant crowds of the associated products with the opposed trademark were largely included in the common crowds of the two cited trademarks. In this case, the prior well-known trademark was to be used on beverages, which had a large crowd of relevant public. The opposed trademark was designated to restaurants and related services, which made it obvious that the consumers of these services were generally included the relevant crowds to beverage products. Therefore, the registration of the opposed trademark and its usage would cause the prior Well-Known Trademark to lose its popularity. The adjudication of the Trademark Review and Adjudication Board was repealed.