Hong Kong Wanli International Limited is the registrant of the "Davidowen Daweiouwen in Chinese" mark with reg. no. 12873589 ("Disputed Mark"). ZINO DAVIDOFF SA ("Davidoff") filed an invalidation request based on its prior trademarks. After hearing, the court found that the goods designated for use by Davidoff's "DAVIDOFF" mark with reg. nos. 1790412, G467510 and G876874 and the Disputed Mark fall into spices and cosmetics related classes. In terms of function, use, manufacturing department, place of sale, consumer, etc., they are identical or are highly related, and constitute identical or similar goods. Given that the Disputed Mark consisted a combination of "Davidowen" and "Daweiouwen in Chinese," which is highly similar to the corresponding Chinese mark of Davidoff's "DAVIDOFF" mark in China based on the evidence submitted by Davidoff. Davidoff's evidence can prove that "Davidoff in Chinese" has formed a one-to-one corresponding relationship with the "DAVIDOFF" mark through long term use and promotion. Comparing the two marks, they are similar in terms of composition and pronunciation. Considering such high relevance, the Disputed Mark is highly likely to cause relevant public to be mistaken as a series of Davidoff's "DAVIDOFF" mark and cause confusion. Therefore, the registration of the Disputed Mark violated Article 30 of the 2013 Trademark Law and should be invalidated.
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