“TAKAO” was not a mark invented for litigation. It was a brand created, registered, and continuously used by a Brazilian company long before any dispute arose.

While sourcing products from China, a business relationship formed with a China principal and that relationship mattered.

Years later, the applicant discovered that its own brand name had been registered in China by a that party and without consent, for the same goods. The logos, layouts, and overall visual presentation were not coincidentally close. They were substantially the same.

What followed was not quick.

From 2018 to 2021, the case moved through the Beijing IP Court, the Beijing High People’s Court, and finally back to the national IP authority. The legal focus was precise: Article 15(2) of China Trademark Law.

“If a party knows another’s trademark because of a contractual or business relationship, and still rushes to register it first, the law draws a clear line.”

The courts found that line had been crossed.

Prior use was proven.

The business relationship was established through emails and transaction records.

The goods were the same.

The marks were far too similar to be accidental.

In the end, the disputed trademark was invalidated.

The takeaway is simple, but important: Trademark law does not reward inside knowledge and when a brand is taken by someone who knew better, persistence and evidence can bring it back.

For businesses operating across borders, this case is a reminder to document relationships carefully and act decisively when a “free ride” appears.

Sign an NNN agreement when dealing in China and file IP in other countries.

Contact and follow us at Tranfan Law Office 全方知识产权 for cross border IP cases like this!