Time Warner Triumphs in Harry Porter Case

The Beijing No. 1 intermediate People's Court recently entered the first-instance judgment on a trademark dispute, upholding decisions by the Trademark Review and Adjudication Board (TRAB) under the State Administration for Industry and Commerce (SAIC) to reverse registration of the trademark in question ? HaLiBoTe filed by the applicant Yao Hong.

Early in August 2000, Yao applied the No. 1703123 trademark of ??•?? HaLiBoTe to be used in Class 30, commodities of cereal product, cornflakes and instant noodles etc. Time Warner Entertainment then challenged the mark and sought rejection from Trademark Office (TMO) under the SAIC. TMO held that the trademark in question constituted similarity with the registered No.1726934 mark in HARRY POTTER and rejected the application. Yao then sought aforementioned review from TRAB, however was denied. Disgruntled Yao then brought the case to the court.

http://english.sipo.gov.cn/news/iprspecial/201107/t20110725_612978.html

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