Raid Action and Trademark Opposition against Company P, who Infringed upon “GX” Trademark Series
 

Case Brief

Lin, from Taiwan, who was the founder of Company P, had been selling apparel counterfeiting a famous Taiwan brand (hereinafter “GX”) in mainland for a long time, and viciously registered “GX” trademark series. Through investigation, Harvesting found out its physical store and factory in Guangzhou, and afterwards reported to PSB. Later on the PSB seized 16,241 pieces of the counterfeit apparel of GX brand on the spot and caught the suspect Lin.
 

Harvesting’s Action

As Company P had been engaging in manufacturing and selling counterfeits for a long time, they acted cautiously and had strong sense of counter-investigation. During our investigation entrusted by the Taiwan GX company, Company P had moved their physical store many times. Via a half-year investigation, we finally found out the physical store, manufacturing factory and printing factory, organized PSB to take simultaneous raids against the targets successfully; and the infringer was pursued with criminal liabilities.

For the series of “GX” trademark preemptively registered by the infringer, we obtained abundant material of “GX” brand and documents proving that the infringer was raided against infringement upon exclusive right of “GX” trademark series in Taiwan via communication with GX Company, proving the reputation of “GX” trademarks series and the fact of infringer’s preemptive registration. Due to the sufficient evidences and persuasive argumentation, the Trademark Review and Adjudication Board adopted our opposition reasons, and eventually decided to reject the series of “GX” trademarks registered by the infringer. 

Harvesting’s Perspective

Due to the regionalism of trademark protection, when the infringement of counterfeit producers and dealers are frustrated in the place of trademark registration, they will turn their attention to areas where the trademarks are not yet registered, and appropriate the trademark by unfair competition or even vicious preemptive registration. Trademark registration is a double-edged sword in itself, which can provide protection of brand management for trademark owners, but on the contrary, can be used by others and infringe trademark owners’ priority rights. Some infringers deliberately conduct preemptive registration of trademarks which are famous in the world but not yet registered in China, so that their infringement acts appear with a veneer of legality, which cause immense obstacles in brand protection. To against such infringement, trademark owners should pay high attention to their brand strategy, and meanwhile they need a specialized IPR protection company who can fully integrate team resources, so as to ensure all-round protection for IPR.