Guide: This case focuses on whether identical or similar trademark is allowed to be registered under different categories.

 

Brief: Kaihua Food City, a Chinese cake store, preemptively registered the trademark “Westin威斯汀” and device for designated merchants including cake and tea. Westin Hotel (United States) raised oppositions against foresaid trademark based on its earlier registered trademark “Westin威斯汀” under the category of hotel service, and so on. However, Trademark Review and Adjudication Board approved the registration of the opposed trademark on the grounds that the service classes were not similar. In the first instance, we submitted a great amount of evidence proving the high awareness of the trademark “Westin威斯汀” and strengthened on the intimate association between hotel service and the industry of cake and tea. The court acknowledged our assertion and determined that the trademark “Westin威斯汀” was a well-known trademark, and that the accused decision was revoked.