Recently, the Industrial and Commercial Bank of China “工 Figure” trademark administrative litigation case, represented by lawyer Zhang Hong and lawyer Xu Jin of Beijing Janlea Law Firm, was concluded at Beijing No. 1 Intermediate People’s Court. The Industrial and Commercial Bank of China Co., Ltd., represented by our firm, received a ruling in favor.

After the trial, Beijing No. 1 Intermediate Court ruled that the no. 3280659 “工 Figure” trademark applied for and registered by a technological service company in Tianjin constituted actual resemblance to the “工 Figure” registered in advance by the Industrial and Commercial Bank of China. The registration of this trademark infringed the prior lawful rights of the Industrial and Commercial Bank of China and violated the related regulation specified in article 31 of the Trademark Law. The trademark would not be approved for registration under the law. 

The lesson out of this case was that, when the rightful owner faces a trademark application made in bad faith and has no prior trademark, the regulations that protect the prior owner’s copyright, specific name, package and decoration of well-known commodity, right of name and portrait and related rights in article 31 of the Trademark Law, would actually often be effective against the squatters and their actions. This case would be a good example of using prior copyright to stop trademark application made in bad faith.