Recently, Beijing High People's Court made the final judgment [2020] Jing Xing Zhong Zhong No.5129, revoking the judgment of the first instance according to law and ruling the trademark "Best Pharmacist Shop" valid. The dispute, after being heard after the administrative procedures, first instance, and second instance, finally came to a closure with a favorable result for the client.
In response to the lawsuit in this case, the plaintiff Haoyao Pharmacist Company fully entrusted Jincheng Tongda & Neal Law Firm, led by senior partners Yong WANG and Zhenzhong YANG, and lawyers Chenlin JIN and Yi CHEN participated in the entire process of handling this case. The success of this confirmed non infringement lawsuit is of great significance to online e-commerce and provides a feasible and effective solution to the common pain points faced by the industry.
This case involved complicated theoretical issues and touched upon an issue that has long remained controversial for the drug distributors, i.e., whether the "drugs" in Category 5 were similar to "drug retail or wholesale service" in Group 3509, and how to demonstrate the similarity between the two categories. The ruling rendered by the second instance court was of important significance for the protection of trademarks in the field of drug circulation. JT&N team studied the background of the revision of the Tenth Edition of the International Classification of Goods and Services for the Purpose of the Registration of Marks, researched the connotation of the definition of "drug retail or wholesale services" and studied China's international obligations as a member state to the Nice Agreement. Accordingly, the JT&N team fully demonstrated the role played by the "drug retail or wholesale services", and the legal and social effects thereof under different judgment criteria. The team also submitted a large amount of evidence with respect to the publicity and use of the disputed trademark to prove its popularity. In addition, the team also provided evidence to prove that the application for the registration and use of the disputed trademark was not malicious and so on.
Finally, Beijing High People's Court adopted the opinions of the JT&N team and determined that the use of the disputed trademark and the cited trademark did not constitute the use of similar trademarks on similar goods or services, and rejected the claim of Shenyang Qianhong Company for invalidation of the trademark.
So far, the JT&N team successfully helped Best Pharmacist Shop protect its core brand. This case also played a strong exemplary role in the protection of trademark in the field of drug circulation.
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