Grandway Advised Beijing Jindi on Determination of Well-known Trademark “Tianyancha” and Won the Case

Beijing Jindi Technology Co., Ltd. (“Jindi”) represented by Grandway sued Guangzhou Tianyan Information Technology Engineering Co., Ltd. (“Defendant”) for infringement of trademark rights. Guangzhou Intellectual Property Court made the original judgment, and neither party appealed within the statutory time limit.

Grandway represented Plaintiff Jindiand won. For the first time, the trademark “Tianyancha” was identified as a well-known trademark in both Class 9 “Computer Software” and Class 35 “Provision of Commercial Information via Network”, which was protected across categories.

Tianyancha is China’s leading business search platform, which has included information of nearly 300 million social entities nationwide, with more than 300 kinds of dimensional information updated in time.

This case is difficult because Defendant used the infringing trademark on the service of repairing water leakage, which is different from the goods approved for using the registered trademark “Tianyancha”. And the trademark has no previous recognition record of well-known trademark. At the same time, Defendant also claimed to identify the well-known trademark in two categories.

Before the litigation, Grandway conducted a lot of case researching, formulated the effective litigation strategy and submitted more than 7,000 pages of evidence, which was recognized by the court. Finally, the judgment found that “Tianyancha” has been recognized as a well-known trademark in both Class 9 “Computer Software” and Class 35 “Provision of Commercial Information via Network” since August 2019, which was protected across categories. Defendant copied and imitated Jindi’s registered well-known trademark, and weaken the stable connection between “Tianyancha” and Jindi. It constitutes trademark infringement. Defendant should stop the infringement and compensate for damages.