A Chinese company has applied for registration of the mark
Chinese) on fertilizers. Cadbury brought a lawsuit after it failed
in both opposition and review proceedings.
In the court hearing, Cadbury claims that its prior mark
Chinese) has acquired fame and reputation and should be protected
as a well-known mark against the opposed mark on dissimilar goods.
The Trademark Review and Adjudication Board (TRAB)
defends that although they understand that "Cadbury" is a
well-known mark, yet they believe the registration on fertilizers
would not cause confusion among consumers and thus injure the
legitimate interest of Cadbury. Furthermore, the third party, (also
the applicant of the disputed mark) argues that the distributing
channels, target consumers, and markets for candies and fertilizers
are so different that the disputed mark will not mislead the
The lawsuit focuses on the protection scope of a well-known
mark, the key of which would be whether or not the court would
consider the doctrine of dilution against a well-known mark, which
is also a highly controversial issue in the trademark world. We
will continue to follow up the case
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