|By PR Newswire||
|September 9, 2013 07:16 AM EDT||
BEIJING, Sept. 9, 2013 /PRNewswire/ --
LehmanBrown CPA, a local Chinese accounting firm (www.lehmanbrowncpa.com) is pleased to announce to the public its trademark victory against a long-time infringer. On August 12, 2013, the China Trademark Office (hereinafter referred to as the "CTMO"), under the State Administration for Industry and Commerce, granted the lawful registration of the trademark LEHMAN BUSH to Home & Garden Ltd. (hereinafter referred to as "HGL") in three separate classifications, against formal opposition from a Hong Kong Company (hereinafter referred to as "the Opponent") and its "legal representative," Russell Brown, who happens to be the Chairman of the British Chamber of Commerce in China. HGL's exclusive China licensee is LEHMAN BUSH, a wholly foreign owned invested enterprise of LEHMAN BUSH Limited in Hong Kong (www.lehmanbush.com). The 49 percent shareholder is Neil Mallon Bush, son of the 41st President of the United States of America George Herbert Walker Bush, and younger brother of the 43rd President of the United States, George W. Bush.
On September 10, 2012 the Opponent, Russell Brown as "Legal Representative" with Tee & Howe Intellectual Property Attorneys, lodged three separate oppositions at the CTMO against the mark LEHMAN BUSH under Provisional Regulation Numbers 9730566, 9730567, and 9730568. Three separate oppositions were filed against HGL's trademark registration in trademark classifications 35 (Business Management, Advertising, etc.), 36 (Insurance Consultancy, Banking, etc.), and 45 (Legal Services, Licensing of Intellectual Property and Technology, etc.).
The Opponent lodged formal oppositions against the registration of the trademark LEHMAN BUSH claiming that HGL violated Article 15 of China Trademark Law and infringed upon its trade name right (however, Russell Brown's organization has no granted English language marks in Mainland China or in Hong Kong). The Opponent additionally submitted evidence to the CTMO to prove that the application of the trademark LEHMAN BUSH by HGL constituted preemptive registration of the Opponent's claimed trademark "LehmanBrown." However, according to the Higher People's Court of Beijing, the trademark "LehmanBrown" also belongs to HGL in Mainland China and its exclusive licensee LehmanBrown CPA, a local China accounting firm (www.lehmanbrowncpa.com). The matter had been litigated in Chinese administrative and People's Courts for years and culminated in an unappealable decision handed down by the Higher People's Court of Beijing on April 25, 2013 against Russell Brown's organization.
In full contradiction of all the claims brought by the Opponent and led by Russell Brown, the Higher People's Court of Beijing ruled (Administrative Judgment [No.: (2012) G.H.Z.Zi No. 686] Administrative Judgment [No.: (2012) G.H.Z.Zi No. 690]) that the sole lawful registered owner of the trademark "LehmanBrown" is HGL, not the organization run by Russell Brown. HGL is the sole registered owner of the trademark "LehmanBrown", with legal registration of the trademark dating back to January 28, 2003. The exclusive licensee is LehmanBrown CPA, a local Chinese accounting firm (www.lehmanbrowncpa.com). This court decision, which upholds the exclusive license agreement of LehmanBrown CPA, is final, not appealable, and certainly paramount to the August 12, 2013 decisions of the CTMO.
Due to the lack of supporting evidence provided by the Opponent and the false claims submitted in regard to the ownership of the trademark "LehmanBrown," the CTMO ruled on August 12, 2013 that the Opponent's claim:
"Lacks factual basis and thus the Trademark Office does not support it. The Trademark Office decides that the opposition lodged by the Opponent is not tenable. The trademark "LEHMAN BUSH" under Provisional Reg. Number 9730566, 9730567, and 9730568 is granted for registration."
(CTMO Trademark Opposition Nos. 25106, 25107, and 25109)
About LehmanBrown® CPA
LEHMANBROWN® CPA is one of China's leading accounting, taxation and business advisory firms.
Our accounting and consulting professionals have years of solid experience in auditing, accounting, financial management and tax consulting and have worked in public accounting as well as a wide variety of industry sectors. LEHMANBROWN® CPA is dedicated to providing professional accounting and financial advisory services to clients with an interest in the rapidly-developing Chinese market. We are based in Beijing, with a network of offices in Hong Kong, Macao, Shanghai, Shenzhen, Guangzhou, and Mongolia and manage an extensive affiliate network providing service throughout China.
With expertise gained from years of practice in international accounting firms, multi-national corporations, state-owned enterprises, and fast-moving startup companies, LEHMANBROWN® CPA provides customized solutions according to each client's specific and unique needs. With our in-depth understanding of the China market, we can assist your Chinese business to develop quickly and smoothly.
LEHMANBROWN® CPA knows well that the current unprecedented growth of China's economy means that the business environment – including the legal, accounting, and taxation systems - is also changing quickly. China is now an integral part of the global economy with its own special characteristics, and LEHMANBROWN® CPA's experts stand prepared to help clients succeed in this dynamic market.
Trademark Opposition No. 25106
Trademark Opposition No. 25107
Trademark Opposition No. 25109
Trademark Review and Adjudication Board
The Verdict on the Dispute of the Trademark No. 3013120
[No.: SPZ (2010) No. 04597]
The Verdict on the Dispute of the Trademark No. 3013121
[No.: SPZ (2010) No. 04597]
The First Intermediate People's Court of Beijing
Judgment: [No.: (2011) Y.Z.Z.H.C.Zi No. 366]
The Higher People's Court of Beijing of the People's Republic of China Administrative Judgment [No.: (2012) G.H.Z.Zi No. 686] Administrative Judgment [No.: (2012) G.H.Z.Zi No. 690]
SOURCE LehmanBrown CPA