Recently, a five-year trademark dispute between Starbucks Coffee Company and Ningbo Sunparty Capital Investment Shares (hereinafter refers to as Ninbo Sunparty) was concluded by the Trademark Review and Adjudication Board (TRAB) under the State Administration for Industry and Commerce (SAIC), affirming Sunparty’s registration of “圣巴里SUNPARTY” trademark and device.
Ningbo Sunparty applied for “圣巴里SUNPARTY” trademark and device in January 2003 before the Trademark Office (TMO) under SAIC, used in services of coffee house and hotel. In June 2005, Starbucks challenged the trademark during the publication period and sought for rejection of the registration of “圣巴里SUNPARTY” on the ground that the alleged mark is identical to their registered trademark of STARBUCKS COFFEE and device.
Upon denial by the TMO, Starbucks brought the case before the TRAB. The TRAB upheld TMO’s decision and held that there was clear disparity between the two trademarks in pronunciation, meaning and overall appearance. Therefore the ruling was made in favor of Ninbo Sunparty.
