With a recent decision, the Beijing Higher People’s Court recognized that “OMO 奥妙” brand is widely known to the public in relation to laundry detergents and thus it can be protected as well-known trademark under Article 13.3 of the Trademark Law (in China). Generally, normal trademark owners are being protected for similar or identical trademark over similar goods/services, while well-known trademarks can be protected over dissimilar goods/services (the so-called cross-class protection).
The “OMO奥妙” case is a typical example showing the requirements of reaching a well-known status of a registered trademark. “OMO奥妙” is a brand of fabric detergent owned by Unilever (the plaintiff), which entered the Chinese market in the early 1990s and has been known to Chinese consumers for nearly three decades.
The Beijing Higher People’s Court has found that prior to the filing date of the disputed trademark, Unilever had conducted a long-term and continuous promotion and sales of laundry detergents with its “OMO 奥妙” brand. Thus, the cited trademark has become widely known to the public and should be recognized as a well-known trademark.
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