McDonald's Corporation was recently unsuccessful in overturning the the ruling by the Trademark Review and Adjudication Board (TRAB) under the State Administration for Industry and Commerce (SAIC) over approval of the registration of the trademark “MILLIONAIRE米力乃” and the device (the opposed trademark) by the third party Wang Kangsheng. The Beijing No.1 Intermediate People’s Court made the first instance judgment maintaining the TRAB's decision on approval of the registration of the opposed trademark.
On February 21 1996, the registration of trademark of “MILLIONAIRE米力乃” and the device was approved by Trademark Office (TMO) under SAIC to be used in Class 42 covering services of restaurants, cafeterias and coffee bars. On December 27, 2006, Wang became the assignee of the opposed trademark.
McDonald's Corporation then challenged the trademark before TRAB for review on the ground of similarity with their prior registered No. 769369 trademark of “M” device and “MCDONALD'S” (the cited trademark) on Class 42. McDonald requested for revocation of the registered trademark, however the opposition was denied by TRAB. McDonald’s Corporation then appealed to the Beijing No.1 Intermediate People’s Court and asked for reversal of the TRAB's decision.
After reexamination, the court held that l the opposed trademark and the cited trademark are different in letter combination and meaning. The appearance and pronunciation of the two marks are in significant disparity. So the two marks should not be considered as similar trademarks and no reproduction, imitation or translation of a prior registered trademark is constituted. Therefore the court did not reject the decision of TRAB and the registration of the trademark “MILLIONAIRE米力乃” and the device is maintained.
