Both First And Second Instance Courts Recognized "Miaojie In Chinese" As A Well-known Mark And Granted Cross-class Protection

Disputed Mark	Cited Mark

The CNIPA and Lianfeng Song appealed against the first-instance administrative judgment over an invalidation of the "Miaojie in Chinese" mark. On May 22, 2023, the Beijing High Court made a final judgment, rejecting the appeal and affirming the original judgment.

The court found that in view of the fact that the invalidation petitioner Tuo Pu Company filed an invalidation against the Disputed Mark on January 7, 2020, and it has been more than five years since the Disputed Mark's approval date. The issue in this case is whether the Disputed Mark achieves the well-known status and is not subject to the five-year time bar because of its bad faith.