After the ALDI 阿尔迪 trademark registration filed by Ald i Einkauf Gmbh & Co.Ohg and Aldi Gmbh & Co. Kg (herein refer to as Aldi Company) was rejected by the Trademark Office of the State Administration for Industry and Commerce (TMO) and Trademark Review and Adjudication Board (TRAB), the case then entered into administration litigate process. Currently, Beijing Higher People’s Court maintained the decision made by TRAB in its second- instance rule.
The No.10128550 ALDI 阿尔迪 trademark was filed for registration by Aldi Company in October 2011, certified to be used in Class 25 goods including clothes, shoes and headgear. TMO then rejected the application on the ground that the trademarks constitute similarity with cited trademark when used in the same or similar products.
The first cited trademark was No.3042252 阿 尔迪诺 trademark, which was filed for registration in December 2001, certified to be used in Class 25 products including clothes, shoes and headgears. The second cited trademark was No.6907335 阿迪 trademark, which was filed for registration in August 2008, certified to be used in Class 25 clothes products.
The disgruntled Aldi Company then sought review to TRAB and then initiated litigation to Beijing IP Court, but was not backed. The company then brought the case to Beijing Higher People’s Court. The court held that the second cited trademark is a valid prior trademark. The trademark filed for registration constituted similarity with second cited trademark 阿迪 in character pattern, pronunciation and look. It would cause confusion among the public when used in the same or similar products. So ordered.