Recently, lawyer Li Shuhua and lawyer Jiang Shen represented Lee Kum Kee Co., Ltd.’s “LI JIN JI” trademark dispute review administrative litigation and obtained a first-instance ruling in favor. 

The plaintiff, Shen Zhen Li Jin Ji Food Co., Ltd., made a claim to Beijing No. 1 Intermediate People’s Court of a repeal of the Trademark Review and Adjudication Board’s decision, on the grounds that the opposed trademark was different from the cited trademark in terms of textual content and display, visual perception, and pronunciation, thereby not constituting a similar trademark. Also, since the “LI JIN JI” trademark had been used for many years, and it received many awards and had extremely high significance, fame and recognition, it would not cause the public to confuse the two trademarks.

After the trial at Beijing No. 1 Intermediate People’s Court, the ruling held that the opposed trademark was the textual trademark “LI JIN JI” while the cited trademark was consist of the word “Lee Kum Kee” and its figure, with the notable part “Lee Kum Kee”. The opposed trademark differed with the cited trademark only by one Chinese character and had similar pronunciations. Their simultaneous presence on the same or similar products would easily make the relevant public misunderstand the sources of the products or assume a specific connection between the two. The evidence provided by the plaintiff during the review period was not sufficient to prove that the opposed trademark had formed a sustaining market order through its use. Therefore, the plaintiff’s assertion that the opposed trademark would not be confused with the cited trademark after long-term use lacked factual support. Hence, the Trademark Review and Adjudication Board’s decision was affirmed.