марката DELL не е достатъчно известна

според Народния съд на Běijīng (Пекин), който отхвърли жалбата на Dell Inc. 

Further information here:

Xing Chan Technology Applications Academy registered the trademark DE ER in relation to computer products on February 27 1997. Dell filed an application with the Trademark Review and Arbitration Board (TRAB) of the State Administration of Industry and Commerce, seeking to invalidate Xing Chan’s DE ER registration. Dell argued that it had registered a series of trademarks DELL.  It argued that DELL is both its company name and a well-known mark, and maintained that, before it had begun to sell DELL products in China, it had used the Chinese transliteration ‘De Er’ in the name of the joint venture through which it operated: De Er Computer JV.

Dell brought an action in the Beijing First Intermediate People’s Court, seeking cancellation of the decision of TRAB and an order that TRAB invalidate the DE ER registration. The court held that Dell had not provided sufficient evidence to establish that DELL was a well-known mark or that it had made relevant use of the Chinese transliteration ‘De Er’. Consumers would not be confused by Xing Chan’s use of the mark DE ER. Accordingly, the court rejected Dell’s claim.


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