Well-known Italian luxury brand Prada Limited Company (Prada) recently won a trademark lawsuit at the first instance by citing the relevant rights of its sub-brand "MIU MIU" in China. The court held that the trademark "Miu Miu" the natural person Chen filed on wedding dress constitutes similarity with the three trademarks referenced by Prada.

The trademark in question to be registered in wedding dress and masquerade clothing etc. was filed by Chen in August 2003. Then Prada filed an opposition to the application. By citing three "MIU MIU" trademarks registered through the Madrid international trademark registration system. Prada held that the products Chen tried to register in constituted similarity with its own products.

The Trademark Office and the Trademark Review and Adjudication Board (TRAB) both under the State Administration for Industry and Commerce rejected Prada's request and approved the trademark in question was registered. TRAB ruled that the commodities from both sides did not constitute similarity and did not lead consumers to confusion, so there was no similarity between the trademarks.

Beijing No.1 Intermediate People's Court approved Prada's appeal. The court held that the brand awareness of Prada's "MIU MIU" cannot be ignored and there is no significant difference between the two kinds of commodities. Therefore, it is easy to lead consumers to confusion. So similarity is constituted. Accordingly, the above ruling of TRAB was quashed.

(Source: China IP News)