Recently, the Beijing No.1 Intermediate People's Court heard an administrative case in which P&G sued the Trademark Review and Adjudication Board (TRAB) under the State Administration for Industry and Commerce and the third party, Guangzhou Yaman Cosmetics Manufacturer over the trademark of 护士宝HUSHIBAO.
P&G filed its opposition with the Trademark Office under the State Administration for Industry and Commerce against the registration of trademark No.1410456, 护士宝HUSHIBAO on June 20, 2000. It then sought for TRAB review on the Trademark Office’s rejection on November 29, 2001 and was denied again on July 16, 2008. P&G then brought the case to the Beijing No.1 Intermediate People's Court.
P& G claimed that 护舒宝(spelled as Hushubao) was registered as early as 1989. The mark has been well recognized among the public and enjoys a higher reputation. The disputed mark 护士宝HUSHIBAO covers the classes of sanitary towels and tissues impregnated with pharmaceutical lotions which are similar and identical to the goods manufactured by P & G. Therefore, the mark 护士宝HUSHIBAO is similar to 护舒宝(spelled as Hushubao) and is taking advantage of the reputation established by 护舒宝. P & G further claimed that 护士宝HUSHIBAO is a willful imitation of 护舒宝.
The TRAB argues the trademark in question 护士宝HUSHIBAO is obviously different from P&G's trademarks 护舒宝 in terms of character, pronunciation and meaning. The public can distinguish them by giving attention in an isolated state. It did not constitute similar trademark to 护舒宝. There was no evidence showing that 护士宝is a willful imitation of 护舒宝. In addition, 护舒宝 is not an identified well-known mark.
The case is now pending in the court and will be tried later.
