By Yang Xiaoli and Jiang Limei, King & Wood Mallesons IP Group 

杨晓莉Key issues: The requirements for recognizing whether a prior trade name has certain fame can be lowered under the condition that the relevant party acts in bad faith. 

Lexani Wheel Corporation (hereinafter referred to as “Lexani” or “plaintiff”) has been using “LEXANI” as its trade name since 1996. 001(Lexani & design) is a leading brand in the field of custom wheel hubs and wheels. In China, Lexani has authorized third parties to produce “LEXANI” branded wheel hubs in its name since 2005.

On February 5, 2007, a Ms. Wang applied for the registration of trademark “002 ” (hereinafter referred to as “the opposed mark”) under No. 5888878 in respect of wheel hubs, wheels, and other car related products in class 12. 
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