Whisky Chivas Filed Suit Against Chivas Clothing Infringement &Nbsp, Losing In First Instance
Wenzhou The merchant registered the trademark "CHIVASREGAL88 and map". clothing Trademark, a Scottish whisky brand Chivas Chivas brothers (America) Co., Ltd. objection was rejected, a complaint filed with the State Administration for Industry and Commerce Trademark Review and Adjudication Board (hereinafter referred to as the judges) to court, asked the court to remove the judges. Recently, the court of first instance decided to lose Chivas's lawsuit and maintain the judge's ruling.
According to the court's opinion, an important reason for Chivas's defeat is "not famous enough": the evidence submitted is insufficient to prove that the trademark "CHIVASREGAL" has been widely known by the public before Chivas's application for trademark registration. In addition, Chivas can not provide the evidence for the first publication time and the completion time of the trademark before the Chivas trademark application day. The trademark will be used only in clothing for the salesperson's work clothes. clothing Used in commodities.
Chivas has dissenting this for the two time. It thinks that it has designed and used the trademark "CHIVASREGAL and map" first, and has been widely publicized and used. It has been highly recognized among Chinese consumers. Chivas's malicious plagiarism is similar to its trademark. If it is registered, it will lead to confusion and mistaken recognition of consumers.
But the business jury decided that the objection was invalid, and the clothing Chivas approved the registration.
In July 2007, Chivas sent the business jury to the court, requesting the court to revoke the award and reorder it.
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