Recently, administrative lawsuits on review of opposition against the trademark “YAO MING YI DAI in Chinese” agented by lawyers of Beijing Janlea Trademark Agency Co., Ltd i.e. Mr. Zachary Zhang and Mr. Zachary Zhang, was concluded by Beijing High People’s Court, judging that the trademark “YAO MING YI DAI in Chinese” should be disapproved of registration.

After hearing, the court decides that as follows: since the opposed trademark “YAO MING YI DAI in Chinese/YAOMING ERA” completely contains the word “YAO MING in Chinese”, the opposed trademark, if used on goods such as “clothing”, is liable to enable the relevant public to associate the said trademark with Mr. Yao Ming and thus cause their misidentifications on the subject that manufactures and sells goods designated by the opposed trademark. Hence, the opposed trademark falls within the situation that signs “having the nature of exaggeration and fraud in advertising goods” shall not be used as trademarks in Article 10.1.7 of Trademark Law of the P.R.C and thus shall not be approved of registration.

Until then, Beijing Janlea Trademark Agency Co., Ltd, authorized by famous basketball player Mr. Yao Ming, has managed to stop the pre-emptive registration of the trademark “YAO MING YI DAI in Chinese” through trademark opposition, review of opposition and administrative litigation and restrain illegal manufacturer’s use of the trademark “YAO MING YI DAI in Chinese” by means of filing litigations concerning civil tort and unfair competition. Therefore, Mr. Yao Ming won a complete triumph over the case involving right-preservation of the trademark “YAO MING YI DAI in Chinese”.

“YAO MING YI DAI in Chinese” series of cases include all the procedures for a celebrity to preserve rights such as trademark opposition, review of opposition, administrative litigation, civil tort and unfair competition, etc. With the cooperation of Mr. Yao Ming’s commercial plan team, Janlea’s lawyer in charge of the case undertook large amount of pioneering work. The successful agency of “YAO MING YI DAI in Chinese” series of cases is another significant typical case involving preservation of the celebrity’s righteous interests, which reflects this law firm’s capability of dealing with complicated and influential cases.