Recently, Beijing Dajia Internet Information Technology Co., Ltd., an affiliate of Kuaishou, and the State Intellectual Property Office Information and Telecommunications Administration (Information, Telecommunications) Administrative Second Instance Judgment was made public.
The document shows that Dajia Company applied for the registration of the "Kuishou" trademark (application number 50609991, belonging to the medical device category) in October 2020, but was rejected by the State Intellectual Property Office for review, and then sued the Beijing Intellectual Property Court. Dajia Company believes that the trademark in dispute has been widely used for a long time and has a very high reputation, forming a unique correspondence with itself, and the status of the cited trademark rights is not stable and requests the court to judge the State Intellectual Property Office for re-examination.
In the first instance, the court held that the materials presented by the plaintiff were all unilateral evidence, which was insufficient to prove that the trademark in dispute had been used on the reexamined goods and could be distinguished from the second cited trademark. Therefore, the plaintiff's claim lacks factual and legal basis, and the court does not support it. In addition, the plaintiff's cited trademark is still a valid prior trademark, which still constitutes an obstacle to the registration of the disputed trademark. To sum up, none of the plaintiff's reasons for action can be established, so the plaintiff's claim of Dajia Company is dismissed. Beijing Dajia Internet Information Technology Co., Ltd. refused to accept the judgment and appealed, and the second-instance court upheld the original judgment, which was final.
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