The court recently rendered judgment dismissing Lianshang’s appeal and sustaining the lower court judgment and the TRAB’s denial of registration decision. Undeterred, Lianshang appealed before the Beijing High Court claiming that, through Lianshang’s long-term and extensive use, its app and mark have attained a high degree of popularity, and therefore will not mislead consumers and are not deceptive. 1(7) of the Trademark Law, for which reason it should be denied. The court likewise sustained the TRAB’s findings holding that the mark is deceptive and thus had violated Art. 1(7) of the Trademark Law.ĭissatisfied, Lianshang contested the TRAB’s decision before the Beijing IP Court. The China Trademark Office (CTMO) and the Trademark Review and Adjudication Board (TRAB) respectively denied the mark on the ground that such is likely to mislead the public into misidentifying the quality or other characteristics of the service and therefore is deceptive, and should be denied in accordance with Art. In 2017, Lianshang filed for the registration of “WiFi万能钥匙” (“WiFi Master Key”) as a trademark for use on “online advertising, providing commercial information, promotion for others” related services under Class 35. ( Lianshang), an Internet company established in 2013, has developed “WiFi万能钥匙” (“WiFi Master Key”), a pioneer free WiFi access app in China. Shanghai Lianshang Network Technology Co., Ltd.
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