Zippo wins 3-D fight
Beijing 1st Intermediate People's Court recently vacated the review decision of the Trademark Review and Adjudication Board (TRAB) on denying the registration of Zippo's 3-dimensional trademark used on cigarette lighter.
In December 2001, Zippo filed for registration of its 3-D mark under class 34 cigarette lighters with the Trademark Office (TMO) under the State Administration for Industry and Commerce (SAIC). The TMO rejected the application on August 2002. Zippo filed for a review with the TRAB, also under the SAIC in December 2002 and was denied again. Zippo then resorted to a legal battle in the Beijing court.
The court held that the original design of the 3-D mark as a whole has became a symbolic design of Zippo lighters and is enough to distinguish the source of origin for Zippo. It ruled that the Zippo 3-D mark is distinctive enough to be registered as a trademark and shall be protected accordingly.
(Source: China Daily)
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