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The administrative dispute between DFMR Import & Export Co., Ltd. (the plaintiff of the original trial) and CNIPA (the defendant of the original trial), together with the third party Bentley Motors Limited and Bentley International Commercial Academy Group, had recently reached its conclusion during the second-instance trial at Beijing Higher People's Court.
The court held after the hearing that DFMR Company, as the registrant of trademark in dispute, applied for registration of more than 200 trademarks in various classes of goods and services, including "B and figures", "BENTLEY", "宾利", "奔富" and other trademarks that are the same as or similar to others' well-known trademarks. Following its failure to give a reasonable explanation on the design source of the above trademarks, the evidences of company were insufficient either, nor could it established a sole link to the trademarks in dispute in this case, making it difficult to confirm the genuine intention to use the trademark in dispute in a continuous manner. The above-mentioned application for registration of DFMR Company has obviously gone beyond general scope for normal production and operation, which had disrupted the order of trademark registration management, and improperly occupied public resources and harmed the public interests. The application for registration of the trademark in dispute has met the situation of "obtaining registration by other improper means" as stipulated in the Article 44.1 of the Trademark Law (2013).
On such ground, the court of second instance eventually maintained the first-instance ruling and judgment on invalidation of the trademark "宾利凯乐庄园' in dispute in this case.