Recently, a case filed by DIAGEO BRANDS B.V.(DIAGEO), challenging Trademark Review and Adjudication Board (hereinafter TRAB) under the State Administration for Industry and Commerce (SAIC) and Fujian Jinjiang Shenglong Food Co.,ltd (hereinafter Shenglong) for improper registration of trademark was rejected by Beijing No.1 Intermediate Court.
Shenglong applied for the registration of No. 1989966 trademark of word mark "約翰走路" (meaning John is walking) in September, 2001. DIAGEO claimed "約翰走路" was similar to the trademark of their famous whisky brand “JOHNNIE WALKER” (“行走中的约翰”in Chinese) and infringed the trademark of JOHNNIE WALKER. DIAGEO then sought for review before TRAB, which was denied in June, 2010. Then DIAGEO brought the case before Beijing No.1 Intermediate Court.
After examination, the court held that the cited trademark and opposed trademark are identical in meaning. However, DIAGEO failed to prove that the trademark of "JOHNNIE WALKER" enjoyed high reputation and was famous among Chinese consumers before the opposed trademark was registered. So Shenglong did not constitute infringement of a famous trademark by copy, imitation and translation under the Trademark Law. Therefore, Beijing No.1 Intermediate Court made the first instance ruling to maintain the decision of TRAB for approval the registration of "約翰走路" in China.
