The case that the trademark of Szechwan WOWO Chain Supermarket Management Co., Ltd. (WOWO Company) is similar to Thai flag which was agented by the senior partner of our firm, Yingmei Han, and the full-time lawyer, Yun Zhang (Beijing Office), has finally been judged by Beijing Municipal High Court after review, first instance and second instance over nearly two years of effort that WOWO won the lawsuit, and WOWO trademark was maintained. When being interviewed by West China City Daily, the lawyer, Yun Zhang, stated that when judging whether the trademark is similar to the flag in the writing judgment, the Court should not only consider the constituent elements of trademark and its integral degree of approximation, but also consider the significance and popularity of relevant trademarks and the association degree of applied commodity, and it should consider whether confusion may be caused easily as the judgment standard.

This is the first case that the trademark is similar to the flag in China, this case defined many blanks of law, for example, how to define the approximation between a mark and a flag and how to affirm the subject of relevant public, which is instructive for legal practice.