The original hearing of the application resulted in the Trademark Bureau in Chungking upholding the British concern's claim. The trademark of the respondents was considered invalid.
Respondents successfully appealed against the decision with the Trademark Bureau's appeal division which set aside the original judgment and allowed the registration of respondents' trademark, In a second appeal recently filed petitioners submitted that handkerchiefs and clothing or cloth usually were sold in the same establishment and contended that a purchaser of "Pyramid" handkerchiefs requiring underwear and vests, might easily be induced to buy them if they bore the "Pyramid" trademark, in the mistaken belief that they were products of the same factory.
The appeal petition charged respondents with adopting a similar trademark on quasi-similar goods solely with the intention of infringing on a well established trade name. Petitioners also disputed a ruling of the Bureau that the crux of the whole matter lay not in the design of the marks, but in the question of whether or not the goods were the same. The Bureau found that they were not, Shopkeeper Jailed for
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