By King & Wood’s Trademark Practice
Recently, Beijing First Intermediate People’s Court has accepted an administrative lawsuit lodged by LOUIS VUITTON MALLETIER (the "Plaintiff"), against the China Trademark Review and Adjudication Board ("TRAB") with respect to its decision regarding the trademark "LV and 郎人LANGREN" (the "Mark") applied for by a local private company of "eyeglass chains, etc." in Class 9.
The TRAB held that the evidence provided by the Plaintiff is not sufficient to prove that its "LV" mark had become well-known before August 21, 2002, i.e. the application date of the Mark, and that the designated goods are not closely related to each other in function, usage, sales channels and target consumers. Further, the Mark does not belong to a party found to be detrimental to socialist morals or customs, or having other unhealthy influences as stipulated by Article 10.1(8) of the PRC Trademark Law, which would prevent the registration of a trademark.
Dissatisfied with the TRAB’s decision, the Plaintiff filed an appeal to the court, which is currently still pending.
LV mark of the plaintiff Mark in dispute
Reg. No.：241081 App. No.：3281104
App. Date：Feb. 18, 1985 App. Date：August 21, 2002
Goods：Travelling bags, etc. Goods：Eyeglass chains, etc.