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Lenovo believes that “Lenovo” brand has a very high profile, early in 1999 has been identified as well-known Chinese trademarks and Trademark Office. Lenovo is the “Legend” trademark registered in China as the sole owner and user, after 20 years of exclusive use, the mark has been established with Lenovo directly, the only relationship between the consumers looking at to the “Legend” trademark, there are bound to their companies and their affiliates with the Lenovo link.
Anqing in Anhui Tianzhu beer company registered in the beer product category of “association and the map” trademarks (hereinafter referred to as trademark disputes). Lenovo Limited that the trademark is the “Legend” trademark imitation and plagiarism, violation of their legitimate rights and interests of the State Administration for Industry and Trademark Review and Adjudication Board has raised objections to the application for review, Trademark Review and Adjudication Board to be a “trademark use of two titles in function, use, Raw materials [link widoczny dla zalogowanych], Sell Channels of the substantial difference between the trade mark will not be misled by opposition related to the public, “dismissed. Lenovo dissatisfied one hospital to the Beijing proceedings.
China’s “Trademark Law” second paragraph of Article XIII provides that no different or similar to a trademark application for registration of goods is the copy, imitation or translation of the well-known trademark registered in China, to mislead the public, resulting in The registration of the interests of the well-known trademark may be damaged, refuse to register and prohibited. The trial court held that “Legend” trademark in dispute before the trademark registration has been identified as well-known trademarks and Trademark Office, and a significant part of the two trademarks, “Lenovo” from the pronunciation, the meaning of words to all the same. Although the opposition has been designated trademarks used beer and “Legend” trademark use of computers and other goods are non-similar goods, but both specify the use of trademark products include relationships between consumers, the existence of the two objects associated with the consumption mark. At the same time the court held that “association” as the words describe the activities of human thought, and was used as a trademark opposition 32 classes of goods do not have any connection with beer. Well-known trademark protection should be associated with well-known that the trademark was well known through the use of larger [link widoczny dla zalogowanych], its scope of protection should be greater, and not related to trademark their own originality. Therefore, “Lenovo” brand has been constituted under the premise of well-known trademark [link widoczny dla zalogowanych], even if the trademark is not concocted trademark, they can not prove that similar trademark goods in the beer line on the application for registra
When appearing on the market, “Lenovo” brand Beer , You will think this is Lenovo’s it? Japan reported last December 23 6 edition of “This bottle of beer Wine Whether called “Legend” “as the subject, reported the Beijing Intermediate People’s Court on a Lenovo v. TRAB Anqing Tianzhu the third beer Wine Inc. trademark infringement case before the Tribunal, recently, the Court of first instance verdict, the judges withdrew objections to review business decision, rejected the “Legend” trademark Alcohol Product registration.
Trademark Review and Adjudication Board believes that, “Lenovo” is a commonly used Chinese words, as a weak mark in terms of originality, despite the computer, etc. Electronic Commodities on the use and Lenovo established a correspondence with a high significance and visibility, but “Legend” is not so high as a trademark originality, nor the only corresponds with the replacement of Lenovo “Lenovo” the original meaning of the word.

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