Recently, the "KEEP and its Logo" trademark right invalidation request for administrative dispute case was heard online at the Beijing Intellectual Property Court.

On February 22, 2019, Beijing Gotokeep Technology Co., Ltd. filed a request for invalidation of the trademark "KEEP and its logo" (see Figure 1) No. 21158246 registered by Beijing Tlunion Technology Co., Ltd.

  ( Figure 1 )

According to CNIPA, the disputed trademark and Gotokeep Company’s No. 19971564 "kkeep" trademark (see Figure 2) are used in physical education, training, sports competitions, online publication of e-books and magazines, and online e-publications (non-downloading). The  service constitutes the use of similar trademarks on similar services, violated the provisions of Article 31 of the Trademark Law, and the disputed trademark should be partially invalidated.

 ( Figure 2 )

Tlunion Company dissatisfied with the ruling and filed a lawsuit against the Beijing Intellectual Property Court. Gotokeep Company participated in the trial as a third party.

Plaintiff Tlunion Company claims that the disputed trademark is composed of a master figure and the letters "KEEP", which is obviously different from "KKEEP" in the overall visual effect. And the services such as physical education, training, sports competitions are not the same or similar to the use of Figure 2. The registration application of the Figure 1 trademark did not violate the provisions of Article 31 of the Trademark Law, and requested to revoke the ruling of the defendant and order the defendant to make a new ruling.

The defendant CNIPA responded that the facts were clear with the right law applied. The procedure was legal, and the plaintiff ’s claim was dismissed.

The Third Party Gotokeep Company claimed its sports fitness application software KEEP is dedicated to providing one-stop sports solutions such as fitness teaching, running, cycling, making friends, healthy diet guidance and equipment purchase, helping people to enjoy sports anytime and anywhere. After extensive publicity and promotion, KEEP APP has a high reputation.

The plaintiff Tlunion Company applied for registration of the "KEEP" and "KEEP UP" trademarks in multiple categories. At the same time, the plaintiff also registered the trademarks such as "JINGCHI" and "Boke" with the ill will of plagiarising other’s well-known trademarks.  The Figure 1 trademark and the Figure 2 trademark constituted similar trademarks used on similar services in physical education, training, sports competitions and other services. They shall be declared invalid on the above services. 

The case is still under trial now.