Xiangyun Group Chemical Co (hereinafter refers to as Xiangyun Group), a large-scale chemical enterprise located in Hubei province, recently filed a lawsuit in Beijing No.1 Intermediate People’s Court against the Trademark review and Adjudication Board (TRAB). The TRAB rejected Xiangyun Group’s trademark "Hong Shi Ma"(红狮犸 in Chinese) and the device in some goods.
Xiangyun Group's trademark "Hong Shi Ma" (红狮犸 in Chinese) and the device was first used in 1999 and was registered at the Trademark Office in 2003. In 2005, the Trademark Office approved the company's exclusive right to use the trademark on chemical fertilizers.
In July 2008, BASF, a Germany-based chemical company, submitted an application against Xiangyun Group’s mark "Hong Shi Ma" (registered as 红狮犸 in Chinese), claiming that the mark is similar to BASF’s mark “Horse and Lion" (狮马牌 in Chinese and pronounced as Shi Ma Pai) for NPK fertilizers. TRAB then made a decision against Xiangyun Group.
After the TRAB’s decision, Xiangyun Group decided to bring the case to the Beijing No.1 Intermediate People’s Court for further review.
