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Sueded for malicious imitation of international big-name trademark Yangzhou "Samsung" won over South Korea's "Samsung"

The ‘Samsung’ brand well known to consumers has recently triggered a trademark war between Chinese and Korean companies. News came from the Beijing High Court on the 18th that the trademark infringement case of South Korea's Samsung Electronics Co., Ltd. against Yangzhou Samsung Elevator Company has been settled. The court ruled that South Korea's Samsung Electronics' claim lacked factual and legal basis and would not be supported. Samsung Elevator did not constitute trademark infringement. .

Yangzhou Samsung Elevator is a private enterprise mainly engaged in the production of elevator products. In 2006, it cooperated with the German AEC Elevator Company and applied to the Trademark Review and Adjudication Board of the State Administration for Industry and Commerce to register the trademark 'AEC Samsung' 'AECTHREESTARS', among which the graphic The trademark adopts an oval pattern. During the trademark publicity period, South Korea's Samsung Electronics lodged objections to the Trademark Review and Adjudication Board twice in 2009 and 2012. It believed that the Yangzhou Samsung elevator trademark was a malicious imitation and plagiarized its oval graphic elements, so it requested the cancellation of Yangzhou Samsung's registered trademark.

After investigation, the Trademark Review and Adjudication Board concluded that Yangzhou Samsung Elevator Company registered the trademarks "Samsung", "THREESTARTS" and pictures as early as 1998, and continued to use the trademarks "AEC Samsung" and "AECTHREESTARS". Although South Korea's "Samsung" is very well-known, it was only registered with the Trademark Office of the State Administration for Industry and Commerce in 1999. There are obvious differences between the two trademarks and will not cause confusion and misunderstanding. Therefore, the Samsung elevator trademark was finally approved for registration.

Samsung Electronics was dissatisfied and appealed to the Beijing High Court earlier this year. The Beijing High Court held that the popularity of ‘Samsung’ and ‘SAMSUNG’ in China is not as good as that of Category 7 elevators and other products, and the oval graphic is not a trademark to which Samsung Electronics has exclusive exclusive rights in accordance with the law, and the oval graphics contained in the two are not completely consistent. Finally, the Beijing High Court made the above judgment. This transnational trademark dispute ended with South Korea's Samsung Electronics losing the case.