An Analysis Of "La Fei" Trademark Disputes Between Rothschild Ltd. And Golden Hope Wine Co.,Ltd.

The words' difference between foreign language trademark and Chinese language trademark,which makes the likelihood of confusion becomes a slightly more complex identification process.Adjudication of trademark disputes of Rothschild Ltd. and Golden hope Wine Co.,Ltd.is a typical case.From trademark applications for objection to the procedure of first and second instance,the disputes have not been solved until the retrial procedure of the Supreme People's Court.First of all,whether the word“LAFITE”and its translation of neologisms into Chinese formed a corresponding relation underlines the basic question of this case.To identify the corresponding relation,the factors that translation transcript of foreign language trademark,the use of Chinese translated term,and regionalism and timeliness should be taken into consideration.Combine these factors with documented evidence to further verify the corresponding relation.Second,due to the difference between foreign language trademark and Chinese language trademark,it is emphasized to compare the similarity of trademark symbol rather than other aspects.Under the situation that lacking a clear and correct guide in Trademark Act in relation to foreign language trademark symbol similarity identification,it is important to pay abundant attention to value the intermediary effect of Chinese translated term.Upon the comparison of character pattern,pronunciation,and meaning between“Lafei Zhuangyuan”and“La Fei”,concerning the corresponding relation between“LAFITE”and“La Fei”,it is verified that“Lafei Zhuangyuan”and“LAFITE”are similar trademark symbols.Lastly,the similar trademark identification process also should return to the point that whether these trademark create confusion to customers.Based on the principle to similar trademark and the fact that Rothschild Ltd.and Golden hope Wine Co.,Ltd.have the resemblant goods that Golden hope Wine Co.,Ltd.viciously attach their product to“LAFITE”,the confusion between“LAFITE”and“La Fei”has already formed.Chinese translated term is the“ramification”of foreign language trademark,which lower the level of difficulties in identifying the similarity of foreign language trademark and Chinese language trademark.Moreover,Chinese translated term enhances the popularity of foreign language trademark to some extent.Therefore,to better solve the dispute over foreign language reference trademark and Chinese translated term,it is beneficial to take full advantage of Chinese translated intermediary effect and make the most of popularity effect.