Dayuan v. Daliyuan: similar trademarks

2022/08/02

On June 21, it was reported that Fujian Dali Food Group Co., Ltd. and Anhui Dayuan Grain and Oil Co., Ltd. is located in different regions, and their main products are different. However, there have been many disputes due to the trademarks of "Daliyuan" and "Dayuan". Recently, a trademark invalidation dispute case between the two parties has made new progress. In the second instance, the Beijing Higher People's Court determined that trademark No. 18441107 "Da Yuan and picture" of Dayuan Company and the previous trademarks of "Da Li Yuan" of Dali Company constitute similar trademarks. In this case, China National Intellectual Property Administration held that the trademark "Da Yuan" and the cited trademark "Da Li Yuan" did not constitute similar trademarks used on the same or similar goods and ruled to maintain the trademark involved. Dali Company refused to accept it and filed an administrative lawsuit. Beijing Intellectual Property Court revoked the ruling mentioned above in the first-instance judgment and let CNIPA make a new ruling.