In September 2013, the Trademark Review and Adjudication (TRAB) rendered a favorable decision for a worldwide famous casino and resorting company based on its prior copyright and rejected the opposed mark’s registration. Beijing East IP Ltd. represented this worldwide famous casino and resorting company in the opposition appeal.
The TRAB held as follows: The opponent’s stylized Sunburst Design shall be deemed as copyrighted work art and entitled to protection under the Chinese Copyright Law. The design contained in the opposed mark is highly similar to the opponent’s Sunburst Design. Evidence provided by the opponent proves that the Sunburst Design has been contained and used in the promotion materials of the opponent, and thus there is a possibility that the opposed party may have been in touch with the opponent’s Sunburst Design. Therefore, the opposed mark designating goods such as “vacuum flask” has violated Article 31 of the Chinese Trademark Law and shall not be allowed for registration.
The TRAB decision has actually granted cross-class protection based on the prior copyright of the worldwide famous casino and resorting company.