Viewing the "Muji" Trademark Dispute Case through the Lens of the Trademark Law

by huiyun_moo on 2009-03-25 14:04:37

Case: In January 1984, Japan's Rikkin Keikaku Co., Ltd. registered the "Muji" trademark in Japan; in July 1991, it registered the "Muji" trademark as "MUJI" in the UK; and in November 1991, it applied to register the "MUJI" trademark in Hong Kong. The approved goods for use under all these trademarks were Category 25, which includes clothing, footwear, and headwear. After applying for the trademark, Rikkin Keikaku Co., Ltd. subsequently opened "MUJI" specialty stores in London, UK, and in Hong Kong. In January 1994, Shengneng Company, registered in Hong Kong, commissioned an agency to apply to China's National Trademark Office for registration of the "Muji" trademark, also for use on goods in Class 25. In November 1995, this trademark registration application was approved. In May 2000, Japan's Rikkin Keikaku Co., Ltd. filed an application to revoke the registration of the "Muji" trademark by Shengneng Company.

Rikkin Keikaku Co., Ltd.'s reason for requesting revocation was that Shengneng Company had improperly registered their trademark, which they had already been using and had established a certain level of influence with. According to Article 31 of the **Trademark Law**, the registration should be revoked.