“Plzen” is a famous city of the Czech Republic, which is famous for beer production. At the same time, “Plzen” Beer is also well-known among consumers and operators as a common manufacturing method. On November 23rd 2011, Tian Shui Guang Hui Trading Co., Ltd. applied for the registration of the no. 10222016 “Si Pi Er Sen SPREILSEN and Picture” trademark on products including “beer and non-alcohol beverages”. The trademark was approved for registration on January 21st 2013.

Beijing Hui Neng Tai Feng Information Inquiry Co., Ltd’s sub company filed invalidation declaration application with regards to the disputed trademark to the Trademark Review and Adjudication Board, in accordance with the law. The Trademark Review and Adjudication Board ruled to affirm the registration of the disputed trademark. Hui Neng Tai Feng was dissatisfied and filed administrative litigation to Beijing Intellectual Property Court. Beijing Janlea Law Firm represented the plaintiff Hui Neng Hui Feng and participated in the trialing of the case.

During the trialing process, the Court partially accepted the representation opinions of Janlea Law Firm’s lawyers. It held as follows: 1. The evidence provided by the plaintiff could prove that Plzen was a publicly known foreign city name. “Si Pi Er Sen” was different only by one character with “Pi Er Sen” (the Chinese translation of Plzen), and did not produce any meaning other than city name. When the relevant public identified the trademark, they would still relate it to “Plzen”. Therefore the registration of the disputed trademark violated article 10 paragraph 2 of the Trademark Law. 2. The evidence provided by the plaintiff could prove that “Plzen” directly described the production method of the product and shall not be registered as trademark. Overall, the disputed trademark would be easily identified as “Plzen”, and thus it violated the regulation on distinctiveness in article 11 paragraph 1 item 2 of the Trademark Law.

Eventually, the Court ruled to cancel the adjudication of the Trademark Review and Adjudication Board and demanded for a new adjudication from. the Board.

Senior partner and lawyer Zachary Zhang and lawyer Andy Xu of Beijing Janlea Law Firm led a legal service team, who provided the complete legal service for Sheraton Hotel.