In sum, the evidences submitted by the Plaintiff MACY’S are sufficient to prove that the Disputed Trademark was publicly, truthfully and lawfully used during the designated period, and the Disputed Trademark does not constitute the "ceasing the use of the registered trademark for a period greater than three consecutive years" stipulated in Article 44.4 of the Trademark Law 2001. Therefore, the Disputed Trademark shall be maintained.
To sum up, The Plaintiff TRAB made the Sued Decision with wrong establishment of facts and wrong application of laws, and the examination conclusions are wrong. The claims and grounds of the Plaintiff MACY’S have legal basis and upheld by the Court. In accordance with Article 58, and Article 70.1 and Article 70.2 of the Administrative Procedure Law of the People’s Republic of China, the Court makes the following judgment:
1. The Decision concerning Review on Rejection of the trademark “CHARTER CLUB” No. 1192709 (Shang Ping Zi [2015] No. 18035) made by the Trademark Review and Adjudication Board of the State Administration for Industry & Commerce of the People's Republic of China is revoked;
2. The Trademark Review and Adjudication Board of the State Administration for Industry & Commerce of the People's Republic of China makes a decision again for the application for revocation of review made by EDCON LIMITED with respect to the trademark “CHARTER CLUB” No. 1192709.
The case acceptance fee of RMB 100 shall be borne by the Trademark Review and Adjudication Board of the State Administration for Industry & Commerce of the People's Republic of China (and shall be paid within seven days after this Judgment takes effect).
If the Trademark Review and Adjudication Board of the State Administration for Industry & Commerce of the People's Republic of China does not accept this Judgment, it may, within fifteen days from the date when this Judgment is served, submit a petition for appeal and copies thereof to the Court for appeal to Beijing Higher People’s Court of the People's Republic of China, and shall pay the appeal case acceptance fee of RMB 100; if MACY’S MERCHANDISING GROUP,INC. or EDCON LIMITED does not accept this Judgment, it may do so within thirty days from the date when this Judgment is served.
Presiding Judge: Cui Ning
People's Assessor: Li Yi
People's Assessor: Dou Yulian
December 26, 2017
Beijing Intellectual Property Court (Sealed)
This is a verified true copy of the original.
Judge Assistant: Fan Xiaoyu
Court Clerk: Chen Lu
180102-094053-110-9-416674
SUI, Ping Senior Trademark Attorney & Attorney at Law at Lung Tin Intellectual Property Agent Ltd.
Ms. Sui is very experienced in Chinese legal system, particularly in trademark practices for both foreign and domestic clients. Furthermore, she offers high qualified services in connection with Customs recordation, Customs detainment, copyright, domain name and other relevant property matters in China for both domestic and foreign clients. Since joined Lung Tin in 2010, she has successfully handled a lot of complicated trademark dispute cases, especially she has well safeguarded the clients’ interests in several administrative complaint and litigation cases.
In 2016, “HALE BOB opposition case” represented by Ms. Sui was selected as Outstanding Case of 2015-2016 by China Trademark Association. In 2016, “Macy’s macys.cn, macys.com.cn domain name dispute case” handled by Ms. Sui was recognized as representative case by Beijing IP Court.
In 2018, “Administrative Litigation of Cancellation Review against Trademark ‘CHARTER CLUB’” represented by Ms. Sui was selected as Outstanding Case of 2017-2018 by China Trademark Association. In 2019, Ms. Sui was selected as Outstanding Individual in the area of “prosecution and strategy” by WTR 1000.
