On September 26, the Beijing Court Trial Information Network published the first-instance legal documents related to the case between Hangzhou Wahaha Group Co., Ltd. and the State Intellectual Property Office.
Photo source: Beijing Court Trial Information Network
According to the document, the State Intellectual Property Office had determined that the trademarks of "LEHAHA" and "Wahaha" did not constitute a similarity, and ruled that the "LEHAHA" trademark should be maintained. Wahaha said that the contested trademark and the cited trademark are similar in overall appearance, call, combination form, meaning, etc., which is easy to confuse and misidentify consumers, and should be judged as similar. Therefore, the court was requested to revoke the ruling and ordered the Intellectual Property Office to make a new ruling.
The court held that there are certain differences in the call pronunciation and overall appearance of the two trademarks, "LEHAHA" is used to describe the appearance of laughter, while "Wahaha" has strong imaginary attributes, and it cannot be proved that the trademark application of "LEHAHA" has an improper intention to free ride. In the end, the court ruled against Wahaha's claim.
Hangzhou Wahaha Group Co., LTD., founded in 1993 and a member of Hangzhou Wahaha Group, is located in Hangzhou, Zhejiang Province. It is an enterprise mainly engaged in wine, beverage and refined tea manufacturing. The registered capital of the enterprise is 526.3747 million yuan, and the legal representative is Zong Qinghou. (Source: China.org.cn Finance)
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