Wuxi Jiateng Magnetic Toner Ltd (hereinafter referred to as Jiateng) is a high-tech private enterprise located in Xishan District. The company''s registered trademark HEIDEBERG has been challenged by a famous international company in the same industry since 2003. JINYI Law Firm represented the company in a series of legal disputes concerned the trademark.

 

April 2003, Jiateng received a notification issued by the Trademark Review and Adjudication Board (hereinafter referred to as TRAB) of SAIC regarding to the revocation of inappropriately registered trademark, which required the reply of the company. The notification addressed that the applicant, Heidberg Printing Machinery Ltd (a famous German registered printing company, hereinafter referred to as Heidberg Printing, filed an application in order to revoke Jiateng''s registered trademark, No. 1099265 HEIDBERG to TRAB. Mr. Wu Xiaoyu, a partner of the firm, tendered fundamental and decisive rebuttal evidence gathered from a plethora of legal researches sources and field investigations, as a result, the TRAB ruled in favor of Jiateng.

 

However, Heidberg Printing did not just give the case up; it filed another application in order to revoke the trademark to the TRAB based on Jiateng’s non-use of the trademark in three consecutive years. Mr. Wu and JIKNYI''s IP team visited many clients who possessed the products with the HEIDBERG trademark and obtained evidentiary support from China Computer Industry Association-Special Supplies Committee, which convinced the TRAB that the HEIDBERG trademark was in use from 28th May, 2004 to 27th May, 2007 and then the TRAB overruled Heidberg Printing''s application. The interest of domestic industry was therefore maintained.