Posted by: ESSEN Patent & Trademark Office
Practice Area: Trademark    Country: China    Publish Date: 26-Aug-2009

Search engine giant Google began its formal use of Chinese name 谷歌(pronounced “Guge”) in 2006 when establishing Chinese subsidiary Google China. Within the first hour after 谷歌 was announced, a company with the name Beijing Guge Technology led by Tian obtained government approval to be in business. The scuffle between the two
namesake companies ensued.

In the trademark and unfair competition case concerning 谷歌, Beijing No.1 Intermediate People's Court held the Beijing company registered in bad faith. Unfair competition was constituted. Google has high reputation. Beijing Guge intentionally used Guge in its trademark that led to confusion of the related public. Such act violated principles of
fairness and good faith as well as recognized business ethics. In this connection, the Court ordered Beijing Guge to cease use of the trade name and request name change before relevant authority to ensure the modified name not inclusive of 谷歌 while indemnifying Google China 100,000 yuan in damages. (Source: SIPO 2009-05-18)

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