Rolex Fails in Namesake Trademark Registration

Eight years after the start of the scuffle, the Trademark Review and Adjudication Board (TRAB) under the State Administration for Industry and Commerce (SAIC) made a ruling to revoke the Rolex watch Company (Rolex)'s registration of No.3154175 trademark "满天星", certified for use on clock and watch.

Shenyang Fengyuan Industrial Company (Fengyuan) owned by Zhang Jian applied for the No. 748008 trademark "满天星MANTIANXING" and figure thereof in 1995, certified to be used on Class 14, clock and watch. In 1998, Fengyuan obtained the registration of the No. 1256407, No.1256447 (cited trademark) and No.1256448 through assignment. Rolex requested the TRAB to revoke the No. 748008 trademark on the ground of non-use by Fengyuan for more than three years in 2002. Rolex then acquired the registration of the trademark "满天星" (disputed trademark),under Class 14 in August 2003.

Zhang Jian, in July 2007, challenged the disputed mark at the TRAB on the ground of its similarity between the two trademarks which may lead confusion to consumers. The TRAB held that the two trademarks were similar marks used on similar goods and revoked the Rolex's trademarks.