22.11.2007
Muji Trademark in China: Final Decision in Beijing
The trademark dispute between the Japanese company Ryohin Keikaku Co., Ltd. and Jet Best Investment Co., Ltd., Hong Kong (JBI) has now finally been decided by the Beijing People`s High Court in the last instance. All in all, the legal proceedings had been going on for more than seven years.
Muji is the abbrevation for mujirushi ryôhin, which can be translated as “unlabeled superior article”. It is the brand name used by Ryohin Keikaku in overseas markets.
The trademark “MUJI” was first used by Ryohin Keikaku Co., Ltd. in 1980. In 1984, Ryohin Keikaku registered the “MUJI” for clothes in Japan. Meanwhile, in 1991 the company registered “MUJI” and “Mujirushi Ryohin” in Hong Kong and later in several other countries such as the U.K. and France.
In 1999 Ryohin Keikaku decided to apply for the registration of the trademarks “MUJI” and “Mujirushi Ryohin” in mainland China and had to find out that these trademarks had already been registered in the name of JBI since 1995. Ryohin Keikaku filed for the cancellation of the trademarks in question with the Trademark Review and Adjudication Board (TRAB), which ruled in favor of cancellation of both trademarks of JBI in November 2005. The TRAB stated that Ryohin Keikaku had used the trademarks prior to the registrations of JBI and that JBI had even advertised products with the trademarks in question as “Japanese brands”.
However, the decision of the TRAB could not become effective, since JBI appealed the decision with the Beijing No. 1 Intermediate People’s Court, again without much success, as the Court dismissed the claim.
Finally, JBI brought the case before the Beijing People`s High Court and lost again. The judges of the Beijing People`s High Court decided the trademarks of JBI have to be cancelled. Finally, a long time lawsuit came to an end.
Source: Press release of Ryohin Keikaku
Keywords for this post:
China, Japan, Marken, trademarks
