IT House News on June 7 Qichacha App shows that Alibaba’s previous application for the “Double 11” trademark (International Classification Category 41 Education and Entertainment) was rejected in the recent final judgment.

Image description

IT House learned that the court of first instance held that in this case, the trademark in dispute was "Double 11" and was used for review services, and the relevant public would not usually act as such. Trademark identification, which lacks the distinctive features that a trademark should have and falls within the provisions of Article 11, Paragraph 1, Item (3) of the Trademark Law, shall not be used as a registered trademark mark.

The court of second instance held that the disputed trademark consists of the words "Double 11", and the whole is easily understood as "November 11th". In actual use, the relevant public can easily identify it as being used to express a specific date. The evidence submitted by Alibaba in this case is insufficient to prove that the disputed trademark has gained a high reputation through use in designated review services and has formed a corresponding relationship with it, enabling the relevant public to identify it as a sign indicating the source of the service, thereby obtaining Distinctive features. None of Alibaba's grounds for appeal are tenable, and this court will not support its appeal. Therefore, the above is rejected and the original judgment is upheld.