Our client Kabushiki Kaisha Bandai is a world-renowned toy manufacturer. “超合金” is one of its most important trademarks and widely used on various model toys. Guangdong Alpha Animation Culture Co., Ltd. respectively requested to cancel the trademark based on non-use for 3 consecutive years and invalidate it based on that “超合金” was a generic term and the raw material of toys, which lacked distinctiveness as a trademark. We made strong responses to both cases against the claims by the other party and advised the client to collect effective use evidence. Finally, the Trademark Office and TRAB both admitted our arguments and maintained the registration of the trademark.

At the same time, we helped client successfully opposed 3 trademarks “超合金圣使”, “超合金魔块” and “超合金轮回环” filed by Wuhan Mand Culture Broadcasting Co., Ltd. and were imitations of the client’s trademark. In these oppositions, the opposed party also questioned the registrability of “超合金”, but we successfully persuaded the TRAB to stand at our side through a thorough argument and sufficient evidence and the TRAB finally decided not to approve the registration application of these 3 trademarks.

Now the imitation and plagiarizing of others’ famous trademarks is still not a rare phenomenon in China. The enterprises should purposely protect its important brand, including not only regulating the use of the trademark, but also paying attention to collect use evidence in order to fight against the possible cancellation or invalidation requested by a third party. In addition, it is also important to watch the identical or similar trademarks published. If any such mark is found, the enterprise may take action so as not to avoid causing unnecessary trouble and loss for their business development.