The Trademark Review and Adjudication Board (TRAB) under the State Administration for Industry and Commerce (SAIC) made a ruling recently, affirming the registration of飞虎 (Chinese name for Fayhoo) and Fayhoo, eight years after the start of the scuffle.
Fayhoo is a security trade portal web site of Southwest Securities. In August 2000, it filed for registration of trademark for飞虎Fayhoo in Class 36, services of mutual fund and capital investment, with the Trademark Office (TMO), also under SAIC. In December 2000, U.S. Internet giant Yahoo challenged the trademark, and sought rejection of registration by TMO.
In May 2005, TMO denied Yahoo's claim and registered飞虎Fayhoo. Yahoo then brought the case with TRAB.
TRAB held the significant disparity between the words of Yahoo and Fayhoo shall not cause similarity. In parallel, Yahoo has proved the reputation of its trade name in Internet services, not in capital investment and fund investment where飞虎Fayhoo is designated to use. 飞虎Fayhoo does not infringe Yahoo's prior right of trademark.
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