Courts Invalidated A Squatter Of HERSHEY Based On Both Prior Right And Good Faith Principle

A Chinese company registered "" ("Disputed Mark") on "Chocolate; Confectionery; Cocoa", etc. in class 30 in 2020. The Hershey Company filed an invalidation action against the Disputed Mark and prevailed. The CNIPA supported Hershey's both claims on prior trademarks "Hershey's" and the absolute grounds of good faith principle.

The registrant of the Disputed Mark appealed the CNIPA decision to the Beijing IP Court, but it appeal was dismissed. It further appealed to the Beijing High Court, and the court found in the second instance judgment that:

In this case, the Disputed Mark is similar to the cited trademarks "HERSHEY'S" in terms of letter composition, pronunciation, and overall visual effect. Hershey's evidence can prove that its "HERSHEY'S" marks enjoy a high reputation in "chocolate, candy" and other goods. If the Disputed Mark and the cited marks were used together on identical or similar goods, it would easily cause confusion and misidentification of the