Lehman, Lee & Xu win!
Recently, there was some first instance litigation in respect of the Trademarks for AmCham in classes 9, 18, 21, 28 and 32. We acted on behalf of the American Club of Beijing d/b/a The American Club against representations made by the Trademarks Adjudication Board (hereinafter referred as to “TRAB”) and the American Chamber of Commerce in China (hereinafter referred as to “ACC”).
The background to the case is that TRAB ruled our client’s AmCham trademark applications in the above classes infringed upon the prior trade name of the ACC and supported ACC’s oppositions against the trademark applications.
The court held that the evidence submitted by TRAB and ACC did not show that ACC had ever used AmCham on the goods/services in the relevant classes and/or gained a certain reputation before the filing date of the disputed marks. The registration and use of the disputed trademarks would not cause the consumers to confuse the disputed marks with the trade name of the ACC.
Our client is now offering licenses of the disputed trademarks to all American Chambers of Commerce in China, subject to a nominal license fee of 10 RMB and to contract.
Please contact
cfung@lehmanlaw.com
if you wish to obtain a license.