On April 30, 2021, the Beijing High People’s Court issued Administrative Judgment (2021) Jing Xing Zhong No. 872 in the administrative dispute over a trademark invalidation request between Xi’an Giant Biogene Gene Technology Co., Ltd. (hereinafter “Giant Biogene”) and the China National Intellectual Property Administration (CNIPA), with Jiangsu Jiangshan Juyuan Biotechnology Co., Ltd. as the third party. The court ruled to revoke CNIPA’s Decision on the Invalidation Request Concerning Trademark No. 6269856 “类人” and ordered CNIPA to issue a new decision.

Beijing Caihe Law Firm was retained by Giant Biogene to act as the representative of the appellant (plaintiff in the first instance) in the above case.

Key highlights of the case:

CNIPA equated the trademark “类人” with “类人胶原蛋白” (human‑like collagen) in its assessment, which constituted an error in the object of evaluation.