Denmark-Based STARK Prevails in Trademark Dispute

2018/03/23

Six years is what it took for the Denmark-based STARK Group to go toe-to-toe with a Dongguan (Guangdong) company over a trademark and the persistence of the Danish company eventually paid off. Recently, Beijing High People's Court revoked the judgment of the first instance dismissing the claim from Lanshan, the Dongugan company and revoking the registration of ?No.4658838 trademark "Lanshan" (Note: English translation is "Blue Mountain") on the ground that it had failed to prove effective prior use within the designated period. Beijing High held that Lanshan failed to prove actual use of the trademark in dispute on small manually-operated bean grinders, and they were not part of the certified products even actual use was taken into consideration. Therefore, the use of Lanshan could not be clearly connected with the products certified, and the public could not associate the trademark in dispute with the products certified. In fact, the trademark in dispute could not complete the mission of distinguishing the source of the products.

Source: CHINA INTELLECTUAL PROPERTY NEWS