The administrative dispute case of trademark invalidation of Shanghai Hode Information Technology Co., Ltd. involves the protection of core trademarks of well-known Internet platforms in China. The dispute mainly revolves around the highly controversial problem of identification and cross-class protection of well-known trademarks, and also involves complex matters such as identification of malicious trademark hijacks. Beijing High Court recently overruled the previous hearing, and determined that "bilibili" constituted well-known trademark and shall enjoy cross-class protection. 

PARTIES CONCERNED

Appellant (plaintiff of the first trial): Shanghai Hode Information Technology Co., Ltd., with its domicile at Rooms 905 and 906, No.1, Lane 2277, Zuchongzhi Road, Shanghai Free-Trade Zone. 

Appellee (defendant of the first trial): State Intellectual Property Office, domiciled at No.6 Tucheng Road, West Jimenqiao, Haidian District, Beijing. 

The third person in the original trial: Jinjiang Jiande Food Co., Ltd., domiciled at No.126 Shedian South District, Luoshan Street, Jinjiang City, Fujian Province. 

FIRST INSTANCE JUDGMENT

The evidential materials include: all must-see tagged video contents, screenshots of vloger with the highest click rate, games operation status, and sections of user interface including knowledge, food, dramas, animation, national animation, documentaries, movies, live broadcasts and games, as well as related reports. The evidences submitted by Hode Company in the invalidation stage and the litigation stage of the original trial is not sufficient enough to prove that it had carried out targeted, long-term and extensive publicity and promotion on its contents including knowledge, games, movies, documentaries and TV dramas, and is hence not eligible to prove that the cited trademarks constitute well-known trademarks in the services approved for use. 

SECOND INSTANCE JUDGMENT

According to the documented evidence and ascertained facts, Hode Company renamed its website to "bilibili" in 2010, which means that the logo has been used for seven years until the application date of the disputed trademark. As an online video sharing platform, Bilibili under the Hode Company has a large number of active users, and its product has been rated as one of the top ten popular Apps in China. Bilibili not only provides videos uploaded by users, but also broadcasts animation works, documentaries, movies, TV dramas with authorization. Hode Company also produces or co-produces animation works, variety shows, documentaries, etc., and the volume of broadcast is large. It also launched the "New Year Festival" program in 2010, accumulating a large broadcast volume before the trademark application date, and gained reports of many newspapers and media. The Internet platform has the characteristics of fast communication speed, wide communication range, flexible and rich content. Therefore, as the cited trademark, the Bilibili logo, after continuous usage and extensive publicity and promotion, has been widely known by relevant public on services of "providing online electronic publications (not download); radio and television program production", which constitutes a well-known trademark. 

To sum up, the Beijing High Court corrected the errors in fact-finding and law application of the sued ruling and the original judgment. The relevant appeal grounds of Hode Company can be established. In accordance with the provisions of Article 89.1,2 and Article 89.3 of the Administrative Procedure Law of the People's Republic of China, the court ruled as follows: 

1. Revoke the administrative judgment No.12721 of Beijing Intellectual Property Court (2021)

2. Revoke the Ruling No.151552 on the Request for Invalidation of Trademark No.26264549 made by the National Intellectual Property Administration [2021]; 

3. The National Intellectual Property Administration shall remake its ruling on the request for invalidation of the trademark No.26264549 filed by Shanghai Hode Information Technology Co., Ltd. 

This judgment is final.