In September 2008, DSM IP Assets B.V. (thereafter “DSM”) raised an opposition against the Chinese trademark Appl.No. 4981014 - "click here to view image" (pronounced as Di Si Man) covering the goods “feedstuff; additives for feedstuff, not for medical use; fresh fruits; plants; yeasts for animals; live animals, etc.” in Class 31, which was filed by a Chinese individual – WU Changhui (thereafter “the opposed party”). The China Trademark Office made a decision to approve the registration of the opposed mark, ruling that the opposed mark was not similar to DSM’s cited earlier “DSM” marks, in despite of similar goods, and further, the goods covered by the opposed mark are not similar to those of DSM’s other cited earlier “click here to view image” mark, although the marks are identical.
Dissatisfied with the decision made by the CTMO, DSM further filed an appeal with the China Trademark Review and Adjudication Board. In May 2013, the TRAB overruled the CTMO’s decision, upholding DSM’s claims that the opposed mark was similar to the opponent’s cited prior “DSM” marks in appellation, and recognizing that “click here to view image” (Di Si Man) had formed a corresponding relationship with the opponent’s prior reputed trade name “DSM”. The TRAB ruled that the opposed mark should not be approved for registration in accordance with Articles 28 and 31 of the Chinese Trademark Law.