Recently, Chindex Medical Limited (hereafter as to CML) , the brand owner of "United Family Healthcare" prevailed in a trademark lawsuit. The defendant, a Chongqing based hospital (hereafter as to Hemeijia Hospital) was ordered to compensate CML 1.1 million yuan in damages. When the court made a first- instance judgment, Hemeijia Hospital settled with CML and enforced the agreement immediately.

CML argued that it found Hemeijia Hospital used “和 美 家” and "United Family" word trademark and its figures in prominent positions on its website without its authorization. The defendant also used the trademark in bulk on hospital signboard, name cards, prescriptions, and brochures. CML argued that the usage of its trademark by Hemeijia Hospital infringed upon its exclusive rights of trademark. It requested the court that the defendant stop infringement and compensate in damages.

CML registered No.4182184 figurative mark, No.4182278 "United Family 和 睦 家" trademark and No.5007438“ 和 美 家 ”trademark on Class 44 services including hospitals, healthcare and medical consulting.

The Court held that since the defendant failed to prove the stable association between“和美家”and its company name,“和美家”could not equal to the company name of Hemeijia Hospital. Therefore, the defendant’s offense that the usage of“和美家”was the usage of its company name was false. Even though the company name "HeMeijia Hospital" can be translated into "United Family Healthcare", the English name was similar to others' registered trademark which was a violation of trademark law or anti-unfair competition law. So, the Court made the above judgment. 

(by Mao Liguo)

(Source: China IP News)