The famous British tea brand "TWININGS" and the famous German tool brand "ZWILLING" have been entangled in a seven-year trademark dispute in China over the No. 7801674 "TWININGS" trademark (hereinafter referred to as the trademark in question).
Recently, Beijing High People's Court made a final judgment, holding that the Britain-based R. Tening Co., Ltd. (Teining) did no damage the public interest or clearly violated the mandatory provisions of laws and regulations. Therefore, the Trademark Review and Adjudication Board (TRAB) shall reexamine the application for registration of the trademark in question.
In November 2009, Tening's affiliated company, Shanghai Yinglian Food & Beverage Co., Ltd., applied for the registration of the trademark in question, requesting certified to be used on Class 8 commodities such as tableware. In December 2010, the trademark in question was preliminarily approved and published. In March 2011, Zwilling J.A.Henckels Aktiengesellschaft (Zwilling) filed an opposition application to the Trademark Office (TMO) with regard to the trademarkin question, arguing that the trademark in question and the "TWIN" series of trademarks (reference marks) with its prior confirmation constituted similar marks used on the same or similar goods. In December 2011, the trademark in question was transferred to Tening upon the approval of the TMO.
After examination, the TMO approved the registration of the trademark in question in July 2012. In August of the same year, Zwilling filed a review application to the TRAB. In December 2013, the TRAB made a reexamination decision holding that the coexistence of the trademark in question and the reference trademarks would easily make consumers become confused on the source of the goods. Accordingly, the TRAB rejected the registration of the trademark in question.
Tening later brought the case to the Beijing No. 1 Intermediate People's Court, but its claim was rejected by the Court in the first instance rulling. Tening then appealed to the Beijing High People's Court for last resort.
During the second instance trial, Tening submitted to the Court a consent form issued by Zwilling, which stated that the two parties had reached a coexistence agreement between the "TWININGS" and "TWIN" and "TWINS" trademarks on a global scale. Zwilling expressly agreed to the registration and use of the trademark in question on its designated tableware and hand-operated hand tools(referred to as review goods).
After hearing, The Court held that the trademark in question and the reference trademark constituted similar trademarks used on the same or similar goods, but the trademark owner Zwilling clearly permitted the registration of the trademark in question on the review commodities. And considering that there is still a certain difference between the trademark in question and the reference trademarks, the Court overruled the first-instance judgment and the reexamination decision of the TRAB, and ordered the TRAB to make a new decision. (by Wang Guohao)
（Editor Shao Jingjing）
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