Recently, The Supreme People's Court of China made a final judgment on YKK trademark opposition rehearing and administrative dispute case filed by Japan YKK Joint- Stock Company and confirmed that YKK trademark is protected for "interior decorations of vehicles" based on the fact it is well- known on "zipper" products, rejected the trademark registration of YKK filed by Zhejiang- based Ruian Libo Locomotive Company on interior decorations, revoked the final decision made by Beijing Higher People's Court, revoked the verdict of the first trail made by Beijing No.1 Intermediate People's Court, reversed the decision made by the Trademark Review and Adjudication Board (TRAB) of the State Administration for Industry and Commerce (SAIC) and ordered the TRAB to made new decision. Thusfar, the YKK Joint- Stock Company has finally won the trademark battle which lasted for ten years.

In March 2004, specializing in manufacturing and distribution of automobile parts, Li Bo Company applied to register the "YKK" trademark to Trademark Office (TMO) under SAIC. In January 2006, TMO publicized the "YKK" trademark after it was preliminary approved. Afterwards, YKK Joint- Stock Company filed a trademark opposition application to TMO.

On December 16, 2009, TMO made verdict ruling that although the YKK trademark of YKK Joint- Stock Company registered on "zipper" products has high reputation, the products on which trademarks certified to be used were quite different in function and use. Therefore, TMO maintained the registration of YKK trademark as it would not cause confusion among the consumers about the origin of products.

Through the subsequent trademark opposition rehear and administrative proceedings, TRAB, Beijing No.1 Intermediate People's Court and Beijing High People's Court all affirmed the original verdict of the trademark registration.

YKK Joint- Stock Company was not satisfied with the final judgment and appealed to The Supreme People's Court of China for rehearing.

The Supreme Court reheard the case and held that it is difficult to judge if interior decorations of vehicles and zippers are similar or of the same category, however the evidences provided by YKK Joint-Stock Company showed that zippers can be used asvehicle's interior decoration and zippers and vehicle's interior decorations are the upstream and downstream products. As YKK is a fabricated word and is conspicuous and based on the facts that "YKK" trademark onzippers products already have high reputation and zippers and interior decorations of vehicles are the upstream and downstream products, they are confirmed to have high relevance. Therefore, in accordance with Article 13 of Trademark Laws of the P.R.C., based on the fact YKK trademark on zipper products are well known, YKKtrademark is protected for "interior decorations of vehicles".

The Supreme Court held that, for the YKK trademark applied and registered by Li bo Company on the class of Automobile, YKK Joint- Stock Company has not submitted the evidence that "YKK" trademark is used on the whole vehicle, and thus, the requirement that "YKK" trademark shall not be approved for Automobile products is utterly baseless from the law and shall not be supported.

So ordered. 

(by Zhu Wenming)

(Source: China IP News)