By Lin Jiuchu and Wang Si  King & Wood Mallesons’ IP Group

Klin_jiuchuey issues: The burden of proof for a well-known trademark may be lowered provided the trademark owner enjoys high fame and the applicant has obvious bad faith.

Salvatore Ferragamo S.P.A. (“Salvatore”) is the trademark owner of “Salvatore Ferragamo” (figurative form: ) and “Ferragamo” (figurative form:), both enjoying high fame and reputation worldwide in the luxury fashion industry.

A Chinese company (“the Company”) registered the mark No.9372234 (“the Mark”) covering lighting apparatus and other goods in class 11 on May 7, 2012, and it also registered the mark 中文标题 No.7665968 for the same goods on April 14, 2011. This mark is identical with the Chinese mark and name of Salvatore.

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