Ernest Borel (Far East) Company Limited is the trademark owner of "Ernest Borel and Design" that is famous for watches. A Chinese company Yu Huatong Investment Co., Ltd. applied for registration of an almost identical mark for "swimming suits and neckties, etc." in Class 25. Ernest Borel failed both in the proceedings with the CTMO and TRAB on the grounds that the evidence provided was not sufficient to establish "ERNEST BOREL" as a well-known mark on watches in Class 14 before the application of the opposed mark, nor to prove the trade name had become known in respect of the products in Class 25. Ernest Borel filed a court action supplying with a large amount of new evidence to prove its well-known status, which was recognized by the court. Although the goods fall into different classes, they both belong to fashion products, and the registration and use of the opposed mark is likely to mislead the public and damage the interests of Ernest Borel as the registrant of the well-known mark. The court ruled to cancel the TRAB’s decision and ordered to make a new decision. The judgment has come into force.