Recently, the Korea-based VOV Cosmetic Co., Ltd(hereinafter refers to as VOV) brought a case against the decision by Trademark Review and Adjudication Board (TRAB) under the State Administration for Industry and Commerce (SAIC) for approval the registration of trademark “VOV薇澳薇” before Beijing No. 1 Intermediate People’s Court. But the appeal was rejected and the court affirmed the judgment of TRAB.
Shenyang Liangmin Cosmetics Company applied for registration of trademark "VOV薇澳薇" in December 2001, used in the goods of facial cleanser. The company then transferred the trademark to a third person.
VOV then applied for opposition and review on the mark of "VOV薇澳薇". VOV claimed that the mark of “VOV” is a unique combination of word, which was first used in China and has already produced certain influence in China. The mark of "VOV薇澳薇" is an imitation and plagiarism of "VOV" and would mislead the public and infringed the prior right of trade name of VOV.
TRAB affirmed the registration of trademark of "VOV薇澳薇" in August, 2010 and held that VOV failed to prove the influence of the prior use of the trademark of “VOV” in the mainland and the evidence that VOV submitted could not sufficiently prove its established reputation in China.
