Liby Technology Group, in line with the expansion of its overseas market business, applied for the “LIBY” mark (Class 3) in Malaysia in 2015. After the mark was published, it faced an opposition from a local Malaysian company (the opponent). The opposition interrupted the otherwise rapid trademark registration process. The opponent claimed in the opposition that the “LIBY” mark is similar to its prior registered marks, which could easily cause confusion or misunderstanding.
To address this key issue, Patmark Attorneys exhaustedly collected evidence of Liby Technology Group’s use of the “LIBY” mark and its popularity, as well as relevant prior judicial precedents. We communicated and discussed with external counsels multiple times, analyzing potential litigation risk points.
Finally, the case went through the opposition, review of the opposition, and trial and appeal procedures. The Court held that the “LIBY” mark of Liby Technology Group is not similar to the opponent’s prior registered marks. The Court issued a final and effective judgment: granting the registration of Liby Technology Group’s “LIBY” mark and ordering the opponent to compensate Liby Technology Group.
Particularly, the judge in this case said, “I know the Chinese Liby Group brand,” which further highlights the power of Chinese corporate brands. We will continue to forge ahead and safeguard the interests of Chinese enterprises going global!