15 May 2015
A recent trademark dispute on “Weixin” (the Chinese name of WeChat) decided by the six-month-established Beijing IP Court has caused heated discussion. Two months before the release of Wechat by Tencent in January 2011, Trunkbow Asia Pacific (Shandong) Co. (“Trunkbow”) applied for “Weixin” trademark. Two parties applied for and used the “Weixin” trademark without knowledge of the other’s use.
The Court later issued the first instance judgement, affirming Trademark Review and Adjudication Board (TRAB)’s refusal to register the “Weixin” trademark, because the earlier registered mark would harm public interest, since Wechat has exerted great influence on Chinese social media market. Therefore, registration of Trunkbow’s “Weixin” mark would have unhealthy influence on the existing and stable market and public recognition of the origin of WeChat.
The judge of the case, Zhou Liting, later wrote an article defending the opinion. To her, the original well-intended idea of Trunkbow registering “Weixin” trademark does not mean the social influence it may exert will not be harmful. Lawyers say that Judge Zhou's focus on the internet influence is intersting.
Trunkbow provides service that helps users locate the calling numbers from their cell phones. Tencent, on the other hand, gained big success in promoting the Wechat brand – the registered number was 400 million in July 2013, doubled in November 2014. Zhou believes that the wide use and recognition of Wechat functions by different kinds of institutions –including government sectors, banks and schools, etc. – serve the public to a large extent. “Under this circumstance (that Wechat has had great impact to the society), the controversial registration of ‘Weixin’ mark (by Trunkbow) would cause confusion among users in terms of origin, content and nature of the service,” she says, adding the negative influence may also bring ill effects on the gradually stable market.
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