Pfizer 3-D mark setback in Beijing

Following its April defeat in Viagra Chinese trademark case, Pfizer suffered another loss at Beijing High People's Court over its 3-D mark dispute.

During the appellate proceedings, the disgruntled defendant in the first instance trial, Jiangsu Lianhua Pharmaceutical seeks reversal of the decision of the trial court, Beijing No.1 Intermediate People's Court, which means rejection of Pfizer's requests. Pfizer, trademark owner of the diamond-shaped, blue 3-D mark, claims Lianhuan's light green, compass-shaped and Weige trademark is similar and consequently infringes its mark.

The High Court holds both the outer and inner packaging of Lianhuan's tablets palpably indicate the source of the product and its manufacturer, consumers are not about to either confuse the product with Pfizer's 3-D mark or associate it with Pfizer. It will not rule in favor of Pfizer's requests.