Unitalen Client NucTech Won Victory in a Rare Trademark Administrative Litigation Supervision Case Tried by Procuratorate

March 16, 2021

Case Summary:

NucTech, our client, noticed that Taihong Vision Company had registered trademark No. 121253550 “太弘威视TAIHONG VISION” and graph (“the disputed mark”) designated for use in Class 9 on products such as non-medical X-ray devices, which had infringed on their No. 1341322 “威视” and No. 6989335 “威视NUCTECH” and graph trademarks. Therefore, NucTech filed for invalidation of the disputed mark in 2017 and all of the claims was supported by the Trademark Review and Adjudication Board (TRAB).

In refusal to accept the ruling, Taihong Vision initiated litigation at Beijing IP Court of first instance in request for TRAB reexamination and the request was dismissed after hearing; then Taihong appealed to the Beijing Higher Court of second instance, but it withdrew the case and then in October 2019, it applied for retrial, after which, its request for reexamination was rejected again.

At last, Taihong VisionCompany had No. 4 Branch of the Beijing Procuratorate accept to supervise this case in September 2020. After hearing, the Procuratorate found that the request for supervision made by Taihong Vision did not meet the conditions stipulated in Article 91 of the Administrative Litigation Law. Thus our client won the final victory after a series of trails.

Typical Significance:

This case is the first public hearing held by a Beijing Procuratorate on an administrative litigation supervision case. It provides has reference and exemplary significance for the future similar cases.