Summary
TiKeDi Center is a subsidiary company of Shanghai Cuihui, which
was the exclusive agency in China of the German company TKD Kabel
GmbH (hereafter referred to as TKD Kabel). TiKeDi applied to
register No. 8703076 mark "TKD KABEL" on Sept. 27, 2010.
TKD Kabel requested the TRAB to invalidate No. 8703076 mark based
on the provision of Article 15 of the Chinese Trademark Law (2001),
that "an agency shall not register its principal's
trademark without authorization". The TRAB maintained the
validity of No. 8703076 mark. TKD Kabel appealed to Beijing IP
court. During the court proceedings, TiKeDi Center denied several
times any affiliation with Shanghai Cuihui and the sibling
relationship between Ms. Li Shen (the legal person of TiKeDi
Center) and Mr. Li Yongxue (the legal person of Shanghai Cuihui),
even though TKD Kabel provided evidence proving the opposite. Even
after the Court informed TiKeDi Center that producing false
evidence or statements would constitute