Beijing Higher People's Court made the final decision on a trademark dispute between the “名鳄 (MEN OUR) and device” trademark “crocodile 鳄鱼（in Chinese version）and device” . This concluded the 10-year battle by French LACOSTE Limited against Guangdong Men Our Clothes Co. Ltd.
The court denied the trademark registration of “名鳄 MEN OUR and device” due to its similarity with “crocodile 鳄鱼and device”. Further the two marks cover the same class of goods and therefore it is more likely to mislead the relevant public that they are associated with each other.
In 2003, Guangdong Men Our Clothes Co. Ltd acquired the trademark of “名鳄 and device” from Puning Liusha Huadu Clothes Factory. The original trademark registrant filed a application for trademark registration covering Class 25 for clothes in September 1997, and was challenged by the plaintiff LACOSTE Ltd during the publication period.
LACOSTE Ltd alleged that the cited trademark of “crocodile 鳄鱼and device” was registered in China in October 1980 covering Class 25 for clothes and was renewed until October 2020.
The Trademark Office (TMO) and the Trademark Review and Adjudication Board (TRAB), both under the State Administration of Industry and Commerce, had the similar holding that the two marks are not obviously different from each other and the registration of “名鳄 and device” may lead to public confusion as to the source of goods. . The mark “名鳄 and device “ trademark should not be approved for registration.
The disgruntled Men Our Company then appealed to the Beijing Higher People's Court and the court maintained the decision of TRAB and rejected the registration of “名鳄 and device” .
