We successfully represented Beijing Daoxiangcun, one of China’s oldest and most famous bakeries, in its opposition against a competitor, Suzhou Daoxiangcun, who applied for registration of a similiar stylized "Daoxiangcun in Chinese characters" for cookies, bread and cakes. Suzhou Daoxiangcun claimed the new application was derived from its earlier "Daoxiangcun" mark which was found in differnt elements and covering different goods.
The Supreme People’s Court (“SPC”) held that in order to determine the likelihood of confusion in this case, account should be taken of (1) the similarity of the marks; (2) the similarity of the goods; (3) the actual usage and the history of usage of the marks; (4) the awareness of the relevant public; and (5) any other factors that will enable a comprehensive assessment to be made. The SPC then decided that Suzhou Daoxiangcun applied “Daoxiangcun” trademark did not obtain a continuation of the goodwill and if approved the new application to be registered, such action would cause consumer confusion or misunderstanding between the “Daoxiangcun in Chinese characters” trademarks of the two companies. SPC thus upheld lower courts' refusal finding of Suzhou Daoxiangcun's mark.
This case provides guidelines on how to deal with trademark disputes resulted from some historical reasons. Suzhou Daoxiangcun Food Industry Co., Ltd. v. Trademark Review and Adjudication Board, Supreme People’s Court (2014).