In a choice dated July 14, 2020, the Beijing Larger Folks’s Courtroom affirmed the cancellation of Shanghai Qualcomm Semiconductor Co., Ltd.’s (上海高通半导体有限公司) trademark 4305050 for “高通” (Gao Tong, the identify of Qualcomm in Chinese language). This trademark is one in all 4 topic to civil litigation by Shanghai Qualcomm in opposition to U.S. Qualcomm. In April 2014, Shanghai Qualcomm initiated a trademark infringement and unfair competitors lawsuit in opposition to Qualcomm within the Shanghai Excessive Folks’s Courtroom, claiming that Qualcomm infringed its trademark rights, and requested the courtroom to order Qualcomm to cease the infringement, change the corporate identify, and pay compensation of 100 million RMB. This choice affirms the invalidation of the ultimate remaining Shanghai Qualcomm mark that was the idea of that litigation.
Shanghai Qualcomm utilized for the the trademark No. 4305050 “Qualcomm” on October 12, 2004, and was registered on March 28, 2008. It was accepted to be used within the 42nd class (pc software program design; analysis challenge analysis; packaging design, and so on.) . On August 12, 2013, U.S. Qualcomm filed an utility to cancel the trademark registration with the Trademark Workplace for non-use for 3 consecutive years from August 12, 2010 to August 11, 2013. This was unsuccessful however finally Qualcomm partially succeeded In December 2015 on the Trademark Workplace. The Trademark Evaluate and Adjudication Board determined to keep up the registration of the trademark in pc software program design and different providers and revoke the registration in packaging design and inside ornament design.
U.S. Qualcomm then filed an administrative lawsuit with the Beijing Mental Property Courtroom arguing that Shanghai Qualcomm submitted proof late with out justifiable causes and the aforementioned proof didn’t present the trademark was used inside the specified interval. The Beijing Mental Property Courtroom agreed and ordered the Trademark Evaluate and Adjudication Board to revise their prior choice accordingly.
On attraction, the Beijing Larger Folks’s Courtroom held that the proof within the case is inadequate to show that Shanghai Qualcomm has successfully used the disputed trademark in the course of the designated interval, and accordingly rejected Shanghai Qualcomm’s attraction and upheld the judgment of the decrease courtroom.
Within the civil litigation, the Shanghai Excessive Folks’s Courtroom rejected all claims of Shanghai Qualcomm. This trademark invalidation would appear to deliver to an finish the litigation between U.S. Qualcomm and Shanghai Qualcomm. Nonetheless, Shanghai Qualcomm has appealed the Shanghai Excessive Folks’s Courtroom choice to the Supreme Folks’s Courtroom and no choice has been issued but.
Shanghai Qualcomm’s Trademark 4305050
© 2020 Schwegman, Lundberg & Woessner, P.A. All Rights Reserved.Nationwide Legislation Evaluate, Quantity X, Quantity 206