Chinese version comprises similar or same Chinese characters without the Latin character words
“LAO GAN MA”. The Applicant is GUIYANG NANMING LOAGANMA SPECIAL
FLAVOUR FOODSTAFFS CO. LTD. The Chinese characters are referred to as a trademark
Image.
The Plaintiff also registered on 20 August 2012 trademark “WU JIANG” in respect of meat, fish,
poultry and game; meat extracts, preserved, frozen, dried and cooked fruits and vegetables,
jellies, jams, compotes, eggs, milk and milk products, edible oils and fats".
The English
translation produced by the Defendant of the Chinese registered trademark has Chinese
characters similar to that of the Plaintiff but without the Latin characters. The Applicant for the
trademark in china is Chongqing Fuling Zhacai Group Co. Ltd.
The Plaintiff registered 20 August 2012 the trademark “TAI TAI LE". It is in respect of coffee,
tea, cocoa, sugar, rice, tapioca, sago, artificial coffee; flour and preparations made from cereals,
bread, pastry, and confectionery, ices, honey, treacle, yeast, baking powder, salt, mustard;
vinegar, sauces (condiments); spices; ice. The translated version of the Plaintiff is the Chinese
characters without the Latin character words “TAI TAI LE” In China the name of the Applicant
for the trademark is SOCIETE DES PRODUITS NESTLE S.A of Switzerland.
The trademark “HONG XING” was registered in Uganda on 23 August 2011 in respect of
alcoholic beverages (except beers). The translated trademark registered in China and produced
by the Defendant has Chinese characters only as the trade mark image. The trademark image is
comparable to that of the Plaintiff but does not have the words HONG XING. Furthermore the
name of the Chinese Applicant is Beijing Red Star Co. Ltd. The address of the Applicant is
Hongxing Road Huairou County, Beijing.
The Plaintiffs trademark HAI TIAN has Chinese characters on top of it. It was registered on the
23rd of August 2011 in respect of coffee, tea, cocoa, sugar, rice, tapioca, sago, artificial coffee;
flour and preparations made from cereals, bread, pastry, and confectionery, ices, honey, treacle,
yeast, baking powder, salt, mustard; vinegar, sauces (condiments); spices; ice. The trademark
produced by the Defendant only has a trade mark image comprising of Chinese characters. In the
china trademark the Applicant is Foshan Haitian Flavouring and Food Company Ltd.
Decision of Hon. Mr. Justice Christopher Madrama
Izama *^*~?+:
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