Recently, in administrative dispute cases regarding the invalidation request for the “Ziyuan” trademark rights, represented by senior partners Lawyer Wu Rangjun and Lawyer Liu Huan from Beijing Longan (Guangzhou) Law Firm, the second-instance judgment from the Beijing High People’s Court was received. Lawyer Wu Rangjun and Lawyer Liu Huan successfully helped the “Ziyuan” brand be recognized as a well-known trademark for the first time, and the case was won outright.

This is another instance where Lawyers Wu Rangjun and Liu Huan, after helping the domestic brand “Francana” be recognized as a well-known trademark through judicial procedures in 2024, helped another domestic brand be recognized as a well-known trademark through administrative litigation procedures.

A Last-Ditch Struggle

Repeated Setbacks in Administrative Recognition, but a Comeback Through Litigation

Since its establishment, the “Ziyuan” brand has rapidly grown into a benchmark in the industry due to its excellent quality and market reputation. Since the Ziyuan hair care brand is registered under Class 3, some criminals have maliciously applied for trademarks under Class 21 related to “Ziyuan” series, and have engaged in various acts of using the brand’s name and taking advantage of it. Initially, the brand tried to invalidate the disputed trademarks through invalidation procedures, but had to withdraw due to insufficient preparation. Later, they tried to recognize the trademark as a well-known one through administrative procedures, but the National Intellectual Property Administration ruled that the reasons for invalidation were not valid.

As a result of these two invalidation attempts, the brand had only one way to protect its rights: being recognized as a well-known trademark. Therefore, this case was very important for the brand, and it was a last-ditch struggle. In such a situation, the lawyers handling the case took on the task, accepting the brand’s request, and began a litigation process that lasted over a year.

Many Challenges

Using All Available Evidence, Professional Strategies to Turn the Tide

After accepting the request from the domestic brand “Ziyuan”, the lawyers collected and compiled evidence related to the brand’s reputation from various aspects: market share, sales areas, profits, duration of trademark use, methods of promotion or marketing activities, duration and intensity of promotion, investment in marketing, and geographical scope. They gathered nearly 15,000 pages of evidence, but were still defeated in the first-instance court. However, the lawyers did not give up and filed an appeal.

In the second-instance stage, the lawyers collected evidence from multiple perspectives to prove the brand’s reputation, and persuaded the judge to focus on the key evidence submitted during the litigation. With so much evidence, the lawyers were concerned that the judge might not be able to fully understand the brand’s reputation. Therefore, they organized the key points and evidence into visual and tabular forms, and presented them to the judge. Additionally, the judge originally planned to hear the case in writing, but the lawyers emphasized the importance of direct communication with the judge in identifying facts and understanding the case. Eventually, the court held a hearing. Even though the defendant and third party chose to participate remotely, the lawyers still brought thousands of pages of evidence to Beijing. During the hearing, the lawyers focused on the criteria for recognizing a well-known trademark. After the hearing, they presented a condensed version of the evidence, directly addressing the judge’s concerns. In the end, the judge did not consider the administrative procedures or the first-instance judgment, and recognized “Ziyuan” as a well-known trademark.

The Light of Hope

Justice Protects Brands, Recognition of Well-Known Trademarks Sets a Benchmark

Since the previous two invalidation procedures had exhausted all remedies for the applicants, this administrative litigation was a last-ditch effort. If the brand could not be protected through the recognition of a well-known trademark, then the illegal acts of the infringers would go unchecked, and the brand’s rights protection would be in a difficult situation. Fortunately, justice, although delayed, did not fail. The second-instance court reviewed the evidence, identified facts, and applied the law correctly, ultimately deciding that “the cited trademark was widely known and had a high reputation among the relevant public before the date of application for the disputed trademark.” Thus, the brand won the case outright.

This victory is not only a significant milestone for the “Ziyuan” hair care brand, but also an important step in protecting domestic brands and combating malicious infringement. It also provides confidence for other brands facing similar issues, and serves as a valuable reference for similar cases.

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 consulting. He is currently 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, Lawyer Wu Rangjun has extensive 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 of the year several times. The intellectual property cases handled by his team have been selected as typical cases by the Supreme Court, various high courts, and intellectual property courts. The civil and commercial litigation and arbitration cases he handles have received “Business Achievement Awards” from the Law Association several times. His research articles have also won multiple “Top Ten Thesis Awards” or first prizes. Lawyer Wu Rangjun is therefore listed among the “Top 15 Chinese Lawyers Recommended by LEGALBAND in 2024: Games and E-sports” and is recognized as one of the “50 Intellectual Property Elite Lawyers Under 50 in China in 2023”.

In addition, Lawyer Wu Rangjun also 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 to the Guangzhou Copyright Bureau, consulting expert for civil and administrative cases at the Supreme People’s Procuratorate, arbitrator at the Guangzhou, Xiamen, Zhuhai, and Maoming Arbitration Committees, part-time professor at the Law School of Guangdong University of Foreign Studies, and lawyer mediator at the Guangzhou Intellectual Property Court. His professional skills are highly recognized in the industry.

Lawyer Liu Huan

Lawyer Liu Huan is a master of law from Guangdong University of Finance and Economics. He is currently a senior partner at Beijing Longan (Guangzhou) Law Firm and deputy director of the Longan Guangzhou Company Law Special Committee. He was a member of the 10th Guangzhou Lawyers Association’s E-sports and Game Law Professional Committee and received the title of “Excellent Member”.

During his practice, Lawyer Liu Huan has handled nearly ten thousand cases, mainly in civil and commercial and intellectual property litigation. He is particularly skilled in formulating litigation strategies, controlling the court proceedings, and negotiating settlements. He has extensive experience in winning cases in areas such as copyright, corporate business, real estate and construction, financial lending, computer software, trade secrets, online games, integrated circuit layout designs, and unfair competition.

Lawyer Liu provides intellectual property legal services for many well-known companies, including Microsoft, Tencent, Autodesk, Ondo, Dassault, LG, Ali, BSA, ViewSonic, 37soft, Jinfa Technology, Southern Daily, Watsons, Xinghui Interactive, Huanya Group, etc. He has achieved remarkable results. He has provided litigation and long-term legal services for government agencies such as the Guangdong Highway Affairs Center and the Guangdong Highway Administration Road and Bridge Center.