US Sports Shoe Giant Accuses China Trademark Review Board Of Being Dismissed.
NEW BALANCE sports shoes company, known as the world's second largest sports shoe maker, is known as the "President jogging shoes". It believes that the NIUBALUN trademark of a shoe factory in China has registered maliciously and misled the public.
NEW BALANCE asked the Trademark Review and Adjudication Board to order the ban and bring the latter to court after being rejected.
The first intermediate people's Court of Beijing dismissed the lawsuit request of NEW BALANCE.
The court held that, judging from the existing evidence, it is impossible to prove that the registered trademark of NEW BALANCE has already become a well-known trademark before the registration of the trademark "new NIUBALUN and N".
The existing evidence does not prove that the Chinese "New York" is the Chinese plation of "NEW BALANCE".
NEW BALANCE's "N", "NB" and "NEW BALANCE" trademarks and "new NIUBALUN NIUBALUN and N graphics" have great differences in pronunciation, meaning and overall appearance effect, and do not constitute similar trademarks. Therefore, the litigation requirements of NEW BALANCE are rejected.
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