Lately, a favorable final judgment on Jurlique International Co., Ltd ‘s administrative lawsuits on review of opposition against the trademark “ZU LI in Chinese/JURLIQUE & device” agented by lawyers of Beijing Janlea Trademark Agency Co., Ltd i.e. Mr. Zachary Zhang and Mr. Andy Xu was rendered.

The said case was heard by Beijing No.1 Intermediate People’s Court and Beijing High People’s Court. A final judgment in favor of Janlea was rendered and the judgment by Beijing No.1 Intermediate People’s Court was cancelled.  

Beijing High People’s Court holds that although the issuing date of Copyright Registration Certificate of works involved in China mainland is later than the application date of the opposed trademark, documented evidences can verify that the date when the works involved was finished is earlier than the application date of the opposed trademark. Besides, evidences submitted by Jurlique International Co., Ltd such as Application for Copyright Registration, notarized copies of Copyright Registration Certificate of works involved in China mainland and copies of Copyright Assigning Agreement are capable of verifying that Jurlique International Co., Ltd is the copyright owner of the works involved. Under the circumstance that the device part of the opposed trademark are completely identical to the works involved, the opposed trademark has infringed the prior copyright of Jurlique International Co., Ltd as the third party can not illustrate the relevant conditions of creating and completing the said trademark. Hence, the defendant and court of original jurisdiction’s assumptions on the said fact are mistaken and thus shall be corrected.

This case is not only Janlea lawyers’ another case of overturning the TRAB’s decision and the first instance judgment on the stage of second instance on behalf of clients, but also another successful case where Beijing Janlea Trademark Agency’s claim on copyright is sided by courts.