A trademark battle between the U.S. Lonely Planet Company and the Chinese travel equipment company UPTOP Group was closed recently.
The No.6337705 trademark LONELY PLANET and its figure were filed for registration by UPTOP Group in 2007, certified to be used in Class 18 products including wallet, bag, travel bag and briefcase. In January 2010, the registration was preliminary approved.
Lonely Planet Company then filed an opposition to the Chinese Trademark Office (CTO). After examination, CTO rejected Lonely Planet Company’s opposition and approved the registration of LONELY PLANET and its figure.
Lonely Planet Company filed an application to the Trademark Review and Adjudication Board (TRAB) for reexamination. In November 2013, TRAB affirmed CTO’s decision. The Lonely Planet Company brought the case to the Beijing No.1 Intermediate People’s Court.
The Court held that the LONELY PLANET trademark of Lonely Planet Company enjoys high reputation before the trademark in dispute filed for registration. The LONELY PLANET and its figure which certified to be used in travel products have a close relation with travel. The trademark in dispute has done damage to the prior right of Lonely Planet Company. The LONELY PLANET and its figure does not harm to Lonely Planet Company when certified to be used on wallet, bag, travel bag and briefcase products. So the Court revoked the decision made by TRAB and ordered TRAB to make new decision.
Lonely Planet Company further brought the case to Beijing Higher People’s Court to revoke the registration of LONELY PLANET and its figure on wallet, bag, travel bag and briefcase.
After hearing, the Court held that LONELY PLANET and its figure certified to be used on wallet, bag, travel bag and briefcase have close relationship with travel, and such trademark and figure have done damage to the prior right of Lonely Planet Company, so the trademark in dispute should not be registered. So the Court ordered TRAB to make a new decision.