Recently, a case was filed by Quanzhou Tianxian Baobao Food Co., Ltd (Tianxian Baobao) against the Trademark Review and Adjudication Board (TRAB) under the State Administration for Industry and Commerce (SAIC) before Beijing No.1 Intermediate Court. Tianxian Baobao sought for the court order to vacate the TRAB’s decision which rejected the registration of the mark "天线宝宝 Tianxian Baobao".
Tianxian Baobao applied for registration of the mark "天线宝宝 Tianxian Baobao" in 2002 covering the goods of milky drinks in Class 29. The mark was approved for registration in 2003 and in 2004, Ragdoll Productions Limited (hereinafter Ragdoll) located in the United Kingdom filed a request to cancel the mark "天线宝宝 Tianxian Baobao" on the ground that the mark infringed Ragdoll’s prior right for Teletubbies and that the registration was improper. IN 2009, the TRAB made a ruling which cancelled the mark "天线宝宝 Tianxian Baobao" since the registration is against the principle of honesty and good faith.
Tianxian Baobao appealed the ruling before the court and argued that the registration of "天线宝宝 Tianxian Baobao" did not generate ill impact on society. TRAB responded that Teletubbies cartoon characters are influential and known among relevant public. Tianxian Baobao clearly knew and should have known that Teletubbies were created by Ragdoll and are distinctive. The registration of "天线宝宝" (transliteration of Teletubbies) is an obvious and improper act in free-riding other’s established reputation. Such act is against the public principle of honesty and good faith.
The case is still pending.
