[Case] Cetis Won Trademark Lawsuit in China

In September 2010, Shandong Bittel Electronic industrial co., LTD (Bittel) filed a lawsuit against Beijing Cetis Science and Technology co., LTD (Cetis) for trademark infringement to Beijing Chaoyang District People's Court. In the meantime Cetis filed a trademark revoking application to Trademark Review and Adjudication Board (TRAB) under the State Administration for Industry and Commerce of China, asking for revoking Bittel's No. 4359350 trademark "TELEMATRIX".

After the trademark "TELEMATRIX" revoking, Bittel filed an administrative lawsuit against TRAB to Beijing No.1 Intermidate People's Court. The Court affirmed TRAB's revoking adjudication. In January 2014, Bittel appealed to Beijing Higher People's Court. In March 2014, the Court rejected Bittle's appeal and maintain TRAB's revoke adjudication.

Soon afterwards, Bittel filed a review application to the Supreme People's Court of China. Bittel claimed that, Cetis' evidences provided to TRAB were less of credibility in law, while the trademark "TELEMATRIX" was not same or similar to Cetis' earlier trademark.

The Court held that, the trademark "TELEMATRIX" of Cetis was famous on telephones; Bittel should be aware of "TELEMATRIX"trademark; Bittel' trademark was infringement for Cetis' trademark. Therefore, the Court affirmed the effective judgments and dismissed Bittel's application.