Recently, in a case involving the “Franciana” trademark dispute, represented by lawyers Wu Rangjun and Liu Huan of Beijing Longan (Guangzhou) Law Firm, the second-instance judgment from the Higher People’s Court of Shandong Province was received. The judgment not only recognized the infringement by the defendant but also successfully determined “Franciana” as a well-known trademark through judicial proceedings. As a result, the brand represented by lawyers Wu Rangjun and Liu Huan won a complete victory.

A Missed Opportunity:

Comprehensive evidence collection in the first instance, a crucial first step toward overcoming challenges

Cases involving well-known trademarks are among the most complex in trademark law. The recognition of well-known trademarks is a major milestone in turning a trademark into a well-known brand. Therefore, it is very important for brands. According to incomplete statistics, in judgments related to well-known trademarks, administrative trademark disputes account for over 80%, while judicial recognition of well-known status accounts for less than 20%. Additionally, according to data from articles published by the Guangzhou Intellectual Property Court, 36.99% of those considering the need for recognition of well-known trademarks, and 63.01% believe it is not necessary. Moreover, these figures do not include cases where requests for recognition of well-known trademarks are rejected for other reasons, such as insufficient evidence of popularity or failure to meet the scope of protection for well-known trademarks across categories. Therefore, it is very difficult to recognize well-known status through judicial procedures, and the proportion of such recognitions is very low.

After being entrusted by the domestic brand “Franciana,” the lawyers from Longan Law Firm collected and compiled evidence related to popularity. They prepared evidence from various aspects, including market share of Franciana products, sales areas, profits and taxes, duration of trademark use, methods of promotion or marketing activities, duration and investment in promotion, and geographical scope of promotion. They submitted over 5,000 pages of evidence, and the entire material was organized in a clear and organized manner.

However, in the first-instance trial, the Liaocheng Intermediate People’s Court dismissed the brand’s claims because the “Franciana” trademark did not have popularity.

A Positive Outcome:

Second-instance judgment recognizing well-known trademark, a successful reversal

In the face of unfavorable conditions in the first instance, we did not give up. We promptly filed an appeal. During the second-instance trial, we listed all the omissions and errors made by the first-instance court, and created comparison tables, statistical tables, and diagrams to visualize and organize the key points and evidence. The second-instance court not only recognized “Franciana” as a well-known trademark but also determined that the defendant’s use of similar marks on different products was an infringement. The second-instance court successfully reversed the decision.

This case involves several complex and difficult issues related to the criteria for recognizing well-known trademarks and the necessity of such recognition. Especially regarding the criteria for recognizing well-known trademarks, the agent successfully persuaded the judge to focus on the plaintiff’s evidence. In the end, the Higher People’s Court of Shandong Province did not mechanically apply or understand the relevant criteria for recognizing well-known trademarks. Instead, it fully reversed the decision in favor of the plaintiff’s claims. This case sets a precedent for handling similar cases.

Many Achievements:

Successful brand protection, a promising future

The legal team led by lawyer Wu Rangjun has extensive experience and achievements in recognizing well-known trademarks and protecting brands. In terms of recognizing well-known trademarks, the team has represented listed companies like Sofia Home Co., Ltd. in cases where they were recognized as well-known trademarks by the Supreme Court and the Higher People’s Court of Zhejiang Province. The clients include global brands such as Starbucks, Molten, Iwatani, LG, Leaders, HIRONIC, and Ujun Oting from Taiwan; Watsons, Vita, Huawei, Tencent, Chery, Sofia Home, Huanya Technology, Blue Moon, 360, Xishanju, and Xinghui Entertainment from Hong Kong.

The second-instance judgment adds another milestone to the team’s achievements. The legal team will continue to provide high-quality legal services, adhering to the philosophy of “professionalism and service.” We hope to achieve further success in brand protection.

About the Lawyers

Lawyer Wu Rangjun

Lawyer Wu Rangjun graduated from Peking University and has dual qualifications as a lawyer and patent agent. His main areas of expertise include intellectual property, civil and commercial litigation and arbitration, and legal advisory services. He is a senior partner at Beijing Longan (Guangzhou) Law Firm, deputy director of the management committee, director of the Longan Bay Intellectual Property Research Center, and head of the Yanshang Legal Team.

With 15 years of experience, Wu Rangjun has rich legal expertise, solid theoretical knowledge, and skilled litigation skills. He is skilled in analyzing legal issues and planning cases comprehensively. His cases have been recognized as typical cases by the Supreme Court and various higher courts. His civil and commercial litigation and arbitration cases have received multiple “business achievement awards” from the Law Association. His research articles have also won multiple awards. Wu Rangjun is listed among the top 15 Chinese lawyers in 2024 by LEGALBAND and is recognized as one of the 50 top intellectual property lawyers under 50 years old in 2023.

In addition, Wu Rangjun serves as a member of the Intellectual Property Professional Committee of the National Lawyers Association, deputy director of the Copyright Professional Committee of the Guangdong Lawyers Association, deputy director of the Copyright Professional Committee of the Guangzhou Lawyers Association, external expert at the Guangzhou Copyright Bureau, advisory expert on civil and administrative cases at the Supreme People’s Procuratorate, and arbitrator at the Guangzhou, Xiamen, Zhuhai, and Maoming Arbitration Committees. His expertise is highly recognized in the industry.

Lawyer Liu Huan

Lawyer Liu Huan is a law master specializing in civil litigation. He is a partner at Longan Guangzhou and a member of the Online Games and E-sports Legal Professional Committee of the Guangzhou Lawyers Association. During his career, he has represented nearly ten thousand cases, mainly in civil and commercial and intellectual property litigation. He is skilled in developing litigation strategies, managing court proceedings, and negotiating settlements. He has extensive experience in copyright, corporate business, real estate, finance, computer software, trade secrets, online games, integrated circuit layout designs, and unfair competition.

He has provided intellectual property legal services for many well-known companies, including Microsoft, Tencent, AutoCAD, Adobe, Dassault, LG, Ali, BSA, Vision Electronics, 37 Entertainment, Jinfa Technology, Southern Daily, Watsons, Xinghui Entertainment, and Huanya Group. He has also provided legal services for government agencies such as the Guangdong Highway Affairs Center and the Guangdong Highway Administration.