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A Chinese court has rejected a bid by Hermes, the French fashion icon, to register a translation of its name, because a Chinese company has registered a similar trademark.
The two trademarks, Hermes and Aimashi, will appear side by side in the Chinese market after the court backed a ruling by the Trademark Appeal Board (TAB) of the State Administration for Industry and Commerce (SAIC).
In 1977, Hermes International registered the name Hermes with the Trademark Office of the SAIC, but did not apply for a trademark in Chinese. It did, however, use the name Aimashi in some media and in some activities it sponsored.
The name used by Hermes (爱马仕) differs slightly from the trademark registered by Dafeng (爱玛仕), but the two names are pronounced the same.
It was not until 1995, when Dafeng Garment Company in Guangdong province applied for its trademark, that Hermes filed an objection and asked the Trademark Appeal Board of the SAIC to withdraw the disputed trademark. The board approved the Chinese company's application and Hermes appealed.
At trial, Hermes argued that the trademark registered by Dafeng was a Chinese translation of Hermes and asked the court to overturn the TAB's ruling.
The court held that most of the evidence submitted by Hermes occurred after Dafeng registered its trademark. Also, the court found insufficient evidence to prove that Hermes' unregistered trademark was familiar to consumers on the Chinese mainland, as all the evidence appeared in Hong Kong media. |
