Zippo 3-D mark ruled distinctive by Beijing court

Beijing No.1 Intermediate People's Court recently vacated the reexamination decision of the Trademark Review and Adjudication Board (TRAB) on denying registration of Zippo's 3-dimensional trademark used on cigarette lighter.

In December 2001, Zippo filed for registration of 3-D mark under class 34 cigarette lighter with the Trademark Office (TMO) under the State Administration for Industry and Commerce (SAIC). The TMO rejected the application on August 2002. The disgruntled Zippo filed for reexamination with the TRAB, also under the SAIC in December 2002 and would be denied again. Zippo then resorted to legal battle at the Beijing court.

The Court holds, the original design of the 3-D mark as a whole has became a symbolic design of Zippo lighters and is enough to distinguish the source of origin for Zippo lighters. Zippo 3-D mark is distinctive enough to be registered as a trademark and shall be protected accordingly.