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ARTICLE · 27 FEBRUARY 2018

Trade Mark Victory For Dreamworks' Kung Fu Panda

The saga began in June 2009 – one year after the first Kung Fu Panda film was released – when Shanghai Weipu, a Chinese company, filed an application to register the trade mark "KUNG FU PANDA 功夫熊猫."

ChinaIntellectual Property

The saga began in June 2009 – one year after the first Kung Fu Panda film was released – when Shanghai Weipu, a Chinese company, filed an application to register the trade mark "KUNG FU PANDA 功夫熊猫."

DreamWorks had filed an application for the KUNG FU PANDA trade mark as far back as 2006. This was subsequently approved for registration in 2009 and is protected for products such as toys and games. Shanghai Weipu's application claimed protection not for these products but for services including medical, hairdressing and beauty salon services. In August 2010, the Chinese Trade Mark Office ("TMO") examined the trade mark and published it for opposition purposes.

DreamWorks considered the application a clear imitation of its brand and filed an opposition citing its earlier trade mark protected in China. However, in July 2012, the TMO rejected DreamWorks' opposition and approved the registration of the trade mark, noting the dissimilar services claimed. After a

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