Man Takes on Trademark Board over Entanglement with Coco-Cola

Disgruntled with the Trademark Review and Adjudication Board’s (TRAB) decision on its complaint of its registered trademark similar to its 可日, an individual surnamed Huang took the agency and Coca-Cola Company to the Beijing No.1 Intermediate People’s Court. The case was heard recently.

Huang filed for registration of 可日 (Chinese name for Keri) in Class 32 goods, i.e. beer, beverage and juice, and was registered on March 21, 2004. The Coca-Cola Company then challenged the trademark, and sought revocation by TRAB on Jan. 27, 2005. TRAB revoked the registration on the ground that 可日 is similar with 可口，which would cause confusion among consumers.

Huang contended 可日 is significantly different from Coca-Cola, and the relevant public will not confuse the two. In addition, pronunciation of the two is also different.

The trial is pending for decision in due time.