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JunHe assists core brands belonging to the Emperor Group, "英皇"(Emperor) and " 英皇钟表珠宝"(Emperor Watch Jewelry and Crown Graphics)in obtaining well-known trademark protection in various trademark invalidation cases.

2020.02.27

The Emperor Group is a well-known comprehensive enterprise group in Hong Kong. From its beginnings as a watch retailer, Emperor Group has grown and expanded into a diversified group of businesses that includes financial services, property, watches and jewelry, entertainment, hospitality, media, furniture and furnishings, and esports as well as co-work spaces. The group's business, Emperor Watches and Jeweler, is a leading retailer and sells renowned international watches as well as its own design jewelry. Established in 1942, Emperor Watches and Jewelery originated in Hong Kong, with roots in mainland China, and it is the cornerstone business of the Emperor Group. Its early focus was on the development of its watch business and it was an agent of various European watch brands.  Since the 1960s, the company began to sell other fine jewelry products and later branched out into the design and manufacture of its own luxury line, which included precious diamonds, jadeite jade, gold jewelry and so on.


Recently, in three different cases of trademark invalidation of cross-class infringement of well-known trademarks on clothing commodities, the State Intellectual Property Office determined the facts after trial. The application was for three trademarks:  the registered trademark of the Emperor Watch & Jewelry Group ("英皇"text trademark (No. 924354)," " 英皇钟表珠宝"(Emperor Watch Jewelry and Crown Graphics)" and other picture-text composite trademarks (No. 1160070)), all of which have been well known to the public in mainland China, on commodities in Class 14 such as "clocks, watches, jewelry, and gems". The registered disputed trademarks “英皇蚂蚁及图”(Emperor Ant and Drawing),“英皇尚品及图” (Emperor Articles and Drawing),and “英皇丽衣及图” (Emperor Clothing and Drawing, on 25 different categories of "clothing" and other commodities, constituted imitation of the first registered trademarks of the Emperor Watch and Jewelry Group. The registration of the disputed trademarks easily lead to the misidentification of the source of the commodities by consumers, which lead to damage of the trademark rights and interests of the applicant. All three cases applied the provisions of paragraph three of Article 13 of the Trademark Law of the People's Republic of China, on the protection of well-known trademarks, and the rule that all disputed trademarks shall be declared invalid.


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Above are patterns of protected well-known trademarks

 

JunHe provided the whole process of legal services for this case of invalidation and the request for the protection of well-known trademarks. On April 27, 2018, this case submitted an application, prepared and screened more than 50,000 pages of basic materials, submitted 26,000 pages of application forms and evidentiary materials, and exceeded a total of 2.6 G of electronic material. The project lasted a year and a half, and finally achieved the expected favorable result: that the Emperor's well-known trademark was protected and the three-target trademark was invalid.

 

We give special thanks to the legal department of Emperor Group for its full support in the process of the coordination, evidence collection and summarization of multiple affiliated companies and the late follow-up of cases. The brand side cooperated with lawyers to make important contributions to the case of the protection of the well-known trademarks of Emperor Group.

JunHe’s trademark team has rich experience in the recognition and protection of well-known trademarks. In recent years, JunHe has assisted a number of well-known brand enterprises to obtain protection of their well-known trademarks in administrative cases such as trademark objection and invalidity and civil infringement litigation cases, including assisting BMW Co., Ltd. to determine its core brand as a well-known trademark many times and was determined by the Shanghai Intellectual Property Court to be in a ‘well-known state’ for ten consecutive years. The team assisted China Resources Land Limited to protect its "万象城" trademark as an unregistered well-known trademark when it had not been registered, assisted Italy's Ferrero Company to determine "费列罗“(Ferrero)as a well-known trademark, and assisted Zhuhai Chimelong Group to determine "Chimelong" trademark as a well-known trademark.


The lead partner of this case was MA, Qiang.

 


JunHe is the only Chinese law firm to be admitted as a member of Lex Mundi and Multilaw, two international networks of independent law firms. JunHe and selected top law firms in major European and Asian jurisdictions are “best friends.” Through these connections, we provide high quality legal services to clients doing business throughout the world.