Accor Hotels Secures Slogan Trademark in Beijing High Decision

发布时间: 2017/8/2 16:07:00

  The France-based Accor Hotels Group filed a lawsuit against the Trademark Review and Adjudication Board TRAB under the State Administration for Industry and Commerce SAIC over the rejected registration of its trademark. In May this year, Beijing High People's Court made a final judgment and ordered TRAB to reexamine the trademark.


  On July 27, according to the new decision of TRAB, the Trademark Office TMO under SAIC made preliminarily approval of No.12175078雅高酒店集团·开启行业新境界ACCOR non-official translation: Accor Hotels Group, Open New Frontiers of Hotel Business and its figure.


  In January 2013, Accor Hotels filed a trademark registration on Accor Hotels Group, Open New Frontiers of Hotel Business and its figure, certified to be used on Class 43 services including hotels, motor inns, cafeterias, tea houses and hotel booking.


  TMO rejected the application on the ground that the trademark in question does not accord with Accor Hotels, which would cause confusion among the public.


  The disgruntled Accor Hotels then filed a reexamination application to TRAB, and provided evidence on the status quo of trademark registration in the hotel business and Accor’s own already-registered No.10309536 "Accor Hotels Group ACCOR" trademark.


  TRAB held that Accor Hotels Group of "Accor Hotels, Open New Frontiers of Hotel Business Accor" and its figure does not accord with Accor Hotels. Such trademark would confuse the public when used in the relevant services. In parallel, since the case-by-case review principal must be followed in the trademark examination case, the contexts of the evidence of trademarks related to the hotel business furnished by Accor Hotels are different from that of this case, offering no support to the registration of the trademark in question. TRAB then rejected the application.


  Accor Hotels then brought the case to Beijing IP court. The court revoked the TRAB decision and remanded the case to TRAB.


  TRAB then brought the case to Beijing High People's Court.


  The Court held that the trademark in dispute would not cause confusion among the public when it was used in hotels and hotel booking services. So Wang Guohao



Editor Che Xingming



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