Adidas'S "Shell" Trademark Registration Was Rejected And Appealed To The Court Again For Review.

Adidas shell was born in 1969, designed to cater for the prevailing popularity and the core of underground culture. The stripes can be changed easily to change the color of shoes to match users' mood and dress. Since its appearance, the shell has quickly swept the globe and has been popular with consumers. Shell has gradually become one of Adidas's most iconic shoes.

In order to better protect the "shell" brand, Adidas has registered "shell" graphics as trademarks in many countries and regions around the world.

In April 2016, Adidas applied to the Trademark Office for registration of the "shell head" graphic trademark, and the trademark was approved for use.

Shoes and hats and other 25 categories of commodities; the Trademark Office has rejected Adidas registration application after examination, Adidas can only apply for re examination to the business jury, requiring approval of the registered "shell" graphic trademark.

Controversial trademark

After the trial, the business jury pointed out that the trademark of the dispute was made of shoes with certain designs, and the approved products were shoes (on the feet). The disputes trademark only expressed the characteristics of the products, appearance and so on, and did not have the significance of trademark application. The evidence provided by Adidas company was not enough to prove that the trademark was registered after being used, and the trademark registration had the regional attribute. The fact that the "shell head" logo registered in other countries or regions could not be the basis for its registration.

Accordingly, the Shang jury dismissed the application of "shell head" graphic trademark review.

Adidas did not recognize the decision of the Business Review Committee, and then appealed to the intellectual property court of Beijing, asking the court to order the judges to cancel the decision of the review.

In the lawsuit, Adidas mentioned: first, the trademark of the controversial trademark "shell" is its own.

The original logo of the product is not only a direct description of the appearance and form of the designated commodity, but also has a significant trademark. Secondly, the shell shell graphics, which have been widely used and widely publicized by Adidas and its associated companies, have gained a high reputation and influence. They have actually played a role in distinguishing the source of commodities, and their significance has been further strengthened. Finally, the controversial trademarks have been registered in many countries around the world.

If the brand name and LOGO are not approved as registered trademarks, it will be difficult for enterprises to safeguard their rights when they encounter free riding and brand names. Adidas is so familiar with the idea of "shell" graphics and vows to apply for registered trademarks.