Disputed Mark
Reg. No. 30399446 |
Cited Mark 1
Reg. No. 991722 |
Cited Mark 2
Reg. No. 4581865 |
 |
 |
 |
The Beijing High Court recently concluded an administrative
trademark invalidation dispute between the appellant Shanghai
Jingnai Apparel Co., Ltd. ("Jingnai"), the CNIPA, and
Nike Innovation Co., Ltd. ("Nike"). The court dismissed
the appeal and affirmed the first instance judgment.
The Beijing High Court found that "clothing, shoes,
socks" and other goods approved for use under the Disputed
Mark and "clothing, shoes, hats" and other goods approved
for use under the Cited Marks 1 and 2 fall into the same subclass
according to the CNIPA Goods and Services Classification,
constituted as identical or similar goods. The Disputed Mark is
composed of the English letter "m" and designs, and the
Cited Marks 1 and 2 are design marks. Comparing the Disputed Mark
with the Cited Marks, it can be seen that the lower part of the
Disputed Mark is highly
