Beijing Court Takes Bausch and Lomb Trademark Rejection Claim

Disgruntled with the ruling by the Trademark Review and Adjudication Board (TRAB) under the State Administration for Industry and Commerce (SAIC) over the registration of the trademark "博士仑" in question, Bausch and Lomb, the famous contact lens manufacturer sought reversal of the ruling at the Beijing No.1 Intermediate Court. The court recently heard the case.

TRAB held that the evidences submitted by Bausch and Lomb during the publication period failed to prove the reference mark"博士倫", transliteration of Bausch and Lomb in Chinese, is a well-known trademark which has been used in China and enjoys high reputation and is familiar among Chinese customers before the trademark "博士仑" in question was registered on December 16, 2002. In parallel, the trademark in question is designated to use in commodities of paint and the reference mark is applied in commodities of automobile, the two marks are disparity in function and customers,  Then TRAB registered the trademark in question.

Bausch and Lomb challenged the trademark in question, they sought rejection of registration by TRAB at the court.

We will follow the development of the case.