Sept. 9, 2013
LehmanBrown CPA, a local Chinese accounting firm (
) 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 (
). 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.
September 10, 2012
as "Legal Representative" with Tee & Howe Intellectual Property Attorneys, lodged three separate oppositions at the CTMO against the mark
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
claiming that HGL violated Article 15 of China Trademark Law and infringed upon its trade name right (however,
organization has no granted English language marks in Mainland China or in
). The Opponent additionally submitted evidence to the CTMO to prove that the application of the trademark
by HGL constituted preemptive registration of the Opponent's claimed trademark "LehmanBrown." However, according to the Higher People's Court of
, the trademark "LehmanBrown" also belongs to HGL in Mainland China and its exclusive licensee LehmanBrown CPA, a local
accounting firm (
). 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
April 25, 2013
In full contradiction of all the claims brought by the Opponent and led by
, the Higher People's Court of
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
. 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 (
). 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 "
" under Provisional Reg. Number 9730566, 9730567, and 9730568 is granted for registration."
(CTMO Trademark Opposition Nos. 25106, 25107, and 25109)