SSJR wins Trademark Appeal in China

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Navigating intellectual property laws in China continues to be a challenge; however, SSJR recently won its appeal against the refusal to register the mark FMS on behalf of its client Friction Materials Standards Institute, Inc. The initial examiner rejected the application, citing a prior trademark for FMS as an obstacle to registration. SSJR worked with local counsel to appeal the refusal to the Chinese Trademark Review and Appeal Board (“TRAB”). The appeal argued that differences between the services offered under each mark as well as the intended market and channels of trade were sufficient to avoid market confusion.