AmCham Fends Off Fraudulent Registration of Namesake Trademark

发布时间: 2017/9/13 11:33:00


  The American Chamber of Commerce in China AmCham), the owner of several AmCham trademarks with claimed priorities had locked horns with the American Club for seven years over the namesake trademark AmCham certified to be used on travel information and tourist arrangement. On July 31, Beijing High Peoples Court wrapped up this marathon race once and for all with its final-instance judgment, rejecting the appeal from the American Club on the ground that it filed the No.7179670 AmCham trademark by fraud or other unfair ways, upholding the revoking decision by the Trademark Review and Adjudication Board TRAB under the State Administration for Industry and Commerce SAIC)。


  Before the trademark in dispute was filed for registration, the No.1315487 AmCham and other trademarks were registered by AmCham in China, certified to be used on printing goods, advertisement, education, technology research. The American Club of Beijing a/k/a American Club was registered in Pennsylvania, the U.S Edward Lamey, the legal representative of the club, was a director of board at AmCham from 1996 to 1997. He suggested the AmCham to file for trademark registration of AmCham when he was with the organization. The American Club filed more than 30 AmCham trademarks in China, certified to be used on Class 9, Class 14 and Class 24 products.


  After examination, the Trademark Office under SAIC approved the trademark registration on March 17, 2014. The disgruntled AmCham then filed a reexamination request to TRAB on April 24. The American Club did not respond to questions within the deadline of TRAB.


  On January 30, 2015, the TRAB revoked the registration. The American Club then brought the case to Beijing IP Court.


  The IP court revoked the decision made by TRAB, and ordered TRAB to review the trademark in dispute. Both AmCham and TRAB then brought the case to Beijing High Peoples Court.


  Beijing High held that AmCham was a short version for The American Chamber of Commerce in the People's Republic of China, which had strong ingenuity. The evidences provided by AmCham could prove that the trademark in dispute enjoyed reputation in economic, trade, business and investment after many years of use. The legal representative of the American Club Edward Lamey was once a director of AmCham and suggested it to file the trademark registration of AmCham. He should fully recognize that AmCham had priority right to use such trademark, and should avoid registration of a namesake one.


  In this connection, Beijing High rendered its final decision, revoking the first instance judgment and rejecting the petition from the American Club.  by Wang Guohao



Editor Che Xingming



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