Disagreed with the ruling of the Trademark Review and Adjudication Board (TRAB) under the State Administration for Industry and Commerce (SAIC) which approved the registration of the trademark “博士仑”, Bausch & Lomb Incorporated (hereinafter refers to as Bausch & Lomb) , the famous contact lens manufacturer, sought for rejection of decision by TRAB before the Beijing No.1 Intermediate Court.
Before the court, TRAB held that the evidences submitted by Bausch and Lomb during the publication period failed to prove that the mark “博士倫” owned by Bausch and Lomb is a well-known trademark with a high reputation in the market among the consumers. The alleged trademark “博士仑” was registered on December 16, 2002, when “博士倫” owned by Bausch and Lomb was not yet identified as well-known marks. Further, the alleged trademark is designated to be used in goods of paint, and therefore is distinctive in terns of the goods and services covered by the mark. Then the TRAB concluded that the trademark of “博士仑” would not infringe Bausch & Lomb’s right and approved the registration of “博士仑”.
As of now, the court has not yet rendered a ruling.
