MAGPOW loses in ABRO trademark infringement case

Recently the Beijing Higher People's Court dismissed the appeal by MAGPOW Adhesive Industries against the Trademark Review and Adjudication Board (TRAB). The court maintained the first instance judgment made by the Beijing 1st Intermediate People's Court and refused MAGPOW's application for registration of the trademark "ABRO."

American ABRO Industries, Inc., a leading company in adhesive industry, owns the registered trademark "ABRO" and sells its products in more than 100 countries around the world. MAGPOW, established in 1983, is engaged in manufacturing adhesives widely used for automobiles and architectures.

In 2002, at a trade fair held in Guangdong Province, ABRO found that MAGPOW laid out products which bore the trademark representation "ABRO." After the fair, investigators entrusted by ABRO visited MAGPOW and found a large number of infringing products, bearing the representation "ABRO" and marked with the words "Made in the United States."

In October 2003, during the 94th China Import and Export Fair (Canton Fair), MAGPOW was disqualified from the Canton Fair for decorating its booth with the representation "ABRO." Afterwards, at another Canton Fair, MAGPOW was found of using the representation "ABRO" on the covers of its product lists.

According the MAGPOW, it started to use the mark "ABRO" in 1993. On 4 June 2002, MAGPOW filed an application for registration of the mark "ABRO" with the Trademark Office. Then ABRO Industries Inc. filed an opposition to the registration of the mark. In September 2004, the Trademark Office refused MAGPOW's application for trademark registration.

MAGPOW later filed an application for trademark review to the TRAB. After examination, in January, the TRAB decided not to approve MAGPOW's application for trademark registration of "ABRO." Then MAGPOW instituted a proceeding before the Beijing 1st Intermediate People’s Court against the TRAB's decision of trademark review. The first instance court, after hearing the case, maintained the TRAB’s decision.

MAGPOW appealed to the Beijing Higher People's Court. The appeals court finally maintained the first instance judgment. Now MAGPOW has stopped using the trademark "ABRO."