On June 9, 20 18, Tencent Technology (Shenzhen) Co., Ltd. filed a request for invalidation of the the glory of the king trademark registered by Quchengyu Liquor Co., Ltd., claiming that the trademark infringed the first copyright of Tencent, and constituted a similar commodity trademark with Tencent's the glory of the king trademark (hereinafter referred to as the quoted trademark), which was easy to mislead the public. According to the Trademark Law, China National Intellectual Property Administration sued the the glory of the king trademark of Guizhou liquor industry.
China National Intellectual Property Administration believes that Erwangrongyao constitutes a similar trademark, but the goods such as fruit wine (containing alcohol) designated by the trademark of your wine company are quite different from those of electronic publications (downloadable) recognized by Tencent in terms of sales places and service targets. The glory of the king, which does not constitute an approximate trademark of similar goods, is an ordinary printed Chinese character and cannot independently express the thoughts and feelings of his works. Protected works that do not belong to the provisions of China's copyright law are registered as trademarks of Guizhou liquor industry.
Tencent refused to accept China National Intellectual Property Administration's ruling and filed a lawsuit in Beijing Intellectual Property Court, demanding Qu Chengyu Liquor Co., Ltd. to participate in the lawsuit as a third party.
During the trial, Tencent claimed that the glory of the king Game was developed and operated by the plaintiff, and it became the number one software downloaded from app store 20 15 to 10, which attracted great attention.
The plaintiff claimed that the glory of the king cooperated with McDonald's to launch a set meal and Coca-Cola launched a Sprite drink, which were highly coincident with the registered trademark of Guizhou liquor industry.
In addition, Guizhou Liquor Company also applied for a series of trademarks, including the words the glory of the king, such as the glory of the king's return, the glory of the king, the glory of the king, the glory of the king 1 and so on. Its legal representative also established Guizhou the glory of the king Liquor Co., Ltd. with the intention of seizing the trademark and obtaining illegitimate commercial interests.
To sum up, Tencent requested the court to revoke the sued ruling and ordered the defendant to make a new ruling.
China National Intellectual Property Administration replied that he disagreed with Tencent's request for prosecution and insisted on the ruling.