Successfully Invalidating A Malicious Infringing Trademark Registered For Over Five Years In An Invalidation Action

Case Overview

Our client, an American company specializing in medical devices, recently discovered that a Chinese company had, at multiple industry exhibitions, used a Chinese transliteration of the client's English trademark as its own brand name for identical medical products. This company also engaged in public promotion with slogans such as "The only Chinese manufacturer competing with (Client's Brand)" and "Providing the full range of alternative solutions to (Client's Brand)."

Such conduct not only directly trades on the reputation of the client's brand but also poses a serious threat to the client's market share in China. The client sought to stop these actions through legal means. However, the infringer's Chinese trademark had already been registered for more than five years and had been put into large-scale commercial use. The client only held registrations for its English trademark in China and had very limited evidence of use in China; moreover, it had