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Alibaba and JD.com Sue the National Intellectual Property Authority over the "Double 11" Trademark Verdict

Released on: 2020-11-12 瀏覽:219次

Ali and JD.com sued the National Intellectual Property Administration (CNIPA) on November 10 for failing to reach a consensus on the registration and cancellation of the "Double 11" trademark, Caixin reported. JD.com had appealed that Alibaba Group, the holder of the “Double 11” trademark, had not actually used the trademark for three years and the trademark should be revoked. After reviewing the issue, the CNIPA ruled that the registration of the trademark in question on services such as advertising should be maintained, but the registration in remaining services should be revoked. Both JD.com and Alibaba disagreed with the verdict and took the CNIPA to court respectively. Nine years ago, on November 1, 2011, Alibaba applied for registration of the "Double 11" word mark on the 35thcategory of advertising and other services. The trademark was approved for registration on December 28, 2012. Six years later, on November 13, 2018, JD filed an application for revocation to the CNIPA, arguing that Alibaba had not used the "Double 11" trademark during the three-year period from November 13, 2015 to November 12, 2018, and the registration should be revoked. The CNIPA believes that Ali can prove the use of the trademark in all services and the registration should be maintained. JD.com stated that it did not approve it and applied to the CNIPA for a review on September 23, 2019. In May 2020, the CNIPA reviewed and found that Alibaba had used the "Double 11" trademark in the "advertisement, in displaying merchandise on the communications media for retail purposes and in selling for others. The registration of trademarks on such services shall be maintained; But in services such as "business management assistance, business information; providing business information and advice to consumers (consumer advice agencies), organizing trade or advertising fairs, computer database information classification; accounting, and looking for sponsorship, the trademark has not been used, thus, CNIPA decided to revoke the trademark in these part of the services. Neither Alibaba nor JD.com approved the ruling, and each filed a lawsuit with the Beijing Intellectual Property Court, asking the court to overturn the CNIPA's ruling. On the afternoon of November 10, JD and Ali took part in the lawsuits as plaintiffs, and the defendant of both cases was the CNIPA.