In 2014, Shenzhen Huashang United Investment Co., LTD. (Huashang) registered the trademark BOLON (disputed trademark registration) in respect of mobile phones and other goods in Class 9. Xiamen Yarui Optics Co., LTD. (Yarui) filed an application for invalidation of Huashang's registration on the basis of its pre-existing registration of the mark BOLON in respect of sunglasses and other goods. The Trademark Review and Appraisal Board found in favour of Yarui and declared the disputed trademark registration invalid. Huashang filed an administrative lawsuit to the Court.
The Beijing Intellectual Property Court held that Huashang's BOLON trademark was virtually identical to Yarui's prior registered trademark in terms of text, pronunciation, and overall appearance. Further, Yarui's trademark was well-known in relation to "sunglasses". The "mobile phones" and other goods in relation to which Huashang's trademark had been registered are goods in daily use by the same consumer groups that use sunglasses and other goods in respect of which Yarui's mark was registered. The registration of Huashang's trademark would, therefore, be likely to cause confusion to the relevant public and damage the interests of the trademark owner. Huashang's claim was dismissed.
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