FERRARI's "Graphics of Running Horse" Mark was judged "Not Well-known"

2007/8/1Beijing Times,[Trademark]

Recently, an intermediate people's court in Beijing ruled that Ferrari Corporation's "Graphics of Running Horse" mark and "FERRARI and Running Horse" were not recognized as "well-known" trademarks.

On Jan. 4 of 1995, Jiajian Business Department applied to China's Trademark Office for the registration of the "Graphics of Running Horse" mark. Within the legal contestable period, FERRARI Corporation submitted an opposition application to the Trademark Office against the "Graphics of Running Horse" registered trademark, claiming that it was similar to its "FERRARI and Running Horse" graphic trademark. However, China's Trademark Office and the State Trademark Review and Appraisal Committee dismissed the application. Not satisfied with the ruling, FERRARI Corporation took the State Trademark Review and Appraisal Committee to the No.1 Intermediate People's Court in Beijing.

FERRARI Corporation claimed that the "FERRARI" and "FERRARI and Graphics of Running Horse" trademarks were both its famous and special logos. They also claimed that they enjoy a good reputation on the world scene, and are also very familiar to the relevant citizens in China. The "Graphics of Running Horse" trademark owned by Jiajian Business Department is similar to the above-said trademarks owned by FERRARI Corporation in respect of the same goods. Therefore, the company requested that Jiajian Business Department's application for registration be dismissed.

After a hearing, the No.1 Intermediate People's Court in Beijing judged that FERRARI Corporation did not provide evidence proving the above trademarks' application and publicization in China. It just submitted the certificates of the registration of relevant trademarks in China and abroad, and the catalog of products in foreign countries, which was insufficient to prove that these trademarks were popular to the relevant public in China or enjoyed a good reputation. Therefore, the court dismissed FERRARI Corporation's request for recognizing "FERRARI and Graphics of Running Horse" trademark as a "Well-known Trademark".

 

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