Trademark Case Study: "PATH OF EXILE"

• An Example of the Application of Article 10(8) of the China Trademark Law

PATH OF EXILE, an online game developed by the New Zealand-based Grinding Gear Games Limited is popular among Chinese gamers.

Recently, Beijing High People's Court made a final judgment that No.19407903 trademark "流放之路 (PATH OF EXILE in Chinese)" (trademark in dispute) filed by Grinding Gear, a goods in computer gaming software, does not have unhealthy influences, revoking the decision denying its registration by the Trademark Adjudication and Review Board (TRAB) and ordering the TRAB to make a de novo decision.

On March 25, 2016, a Chinese gaming company officially announced its distribution of "PATH OF EXILE". One day earlier, Grinding Gear filed a registration application for the trademark in dispute, requesting to be certified for use on Class 9 products such as computer gaming software. The Trademark Office (TMO) made a rejection decision based on the ground that the trademark