King & Wood’s Trademark Group

After a three-year trial, the case of Kirin Kyowa Foods Co., Ltd. vs. Chen and Wang over a trademark assignment contract has currently been decided by the first instance. Kirin Kyowa Foods Co., Ltd. (the "Plaintiff"), as the proprietor of the trademark "可得然", appointed Shanghai Aucane Enterprise Co., Ltd. ("Aucane") as its sales agent for gelatine bearing the "可得然" trademark. In March 2006, Chen (the "Defendant"), the legal representative of Aucane, preemptively filed an application for registration of "CURDLAN", which is the English equivalent of the "可得然" trademark at the China Trademark Office (the "TMO"). In 2007, both parties signed a Trademark Assignment Contract (the "Contract"), requiring the Defendant to assign the trademark "CURDLAN" to the Plaintiff at the price of US$2,000. In May 2008, the TMO took office action on the grounds that "the assignor’s signature is evidently inconsistent with the one filed with the TMO in the past", and required the Plaintiff to provide a copy of the assignor’s ID card and its notarized statement of agreement on the said trademark assignment. However, the Defendant failed to provide any of the above materials, causing the TMO to refuse the assignment of "CURDLAN", and thus the Plaintiff appealed to the court.

Continue Reading Trademark Assignment Dispute Over “CURDLAN” — Kirin Kyowa Foods Co., Ltd. vs. Chen and Wang