The Case Concerning Administrative Dispute over the Request for Declaration of Invalidation of the Trademark “蒂凡尼”(Tiffany)



This case is the first one that the trademarks of Tiffany and Company (hereinafter referred to as “Tiffany”) are recognized as well-known trademark via 
Judicial procedures.  this case and it plays a positive demonstration role in other civil infringement cases and administrative cases Tiffany involved.  Moreover, this case has been selected as one of “Typical Cases on Regulating Trademark Registered in Bad Faith” by Beijing Intellectual Property Court. 
This case is a typical administrative case concerning a domestic enterprise taking a free ride of the reputation of famous foreign brands.  Shanghai Zhendi Decorative Material Co., Ltd. (hereinafter referred to as “Shanghai Zhendi”), as the plaintiff in this case, filed application for trademark “蒂凡尼” under No. 8009772 to the Trademark Office under the State Administration of Industry and Commerce (SAIC), which was designated to be used in class 27 on the goods “wallpaper, etc.” In September, 2015, the Trademark Review and Adjudication Board (TRAB) under SAIC made a decision on declaration of invalidity based on the request proposed by Tiffany, to declare invalidation of this trademark.  However, Shanghai Zhendi was dissatisfied with the decision, and initiated a lawsuit before Beijing Intellectual Property Court.
Entrusted by Tiffany, Chang Tsi & Partners carefully analyzed the details, discovered the difficulties, and designed a customized litigation strategy. To help the collegial panel to comprehensively understand the evidence and materials related to this case, the attorneys of Chang Tsi & Partners prepared the detailed evidence list and description. During the court hearing, the attorneys of Chang Tsi & Partners specifically explained, in conjunction with the evidence, the bad faith shown by the plaintiff taking advantage of Tiffany`s trademarks, and submitted detailed and pointed representation advice with respect to the core issues of this case. In the end, the attorneys on behalf of Tiffany successfully convinced Beijing Intellectual Property Court to recognize that the marks “TIFFANY” and “TIFFANY & CO.” are well-known trademarks, and then accordingly rejected the plaintiff`s claims. 


Michael Fu
Partner | Attorney at Law
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