28.10.13

Funktion-One faces down brand challenge in China

Funktion-One has successfully challenged the use of its name and company logo in China.

The British loudspeaker manufacturer acted after the pre-emptive registration of its name and logo by Wu Meiling in March 2005.

Hong Kong law firm, Wilkinson & Grist represented Funktion-One to challenge the move with support from organisations including PLASA and Prolight + Sound.

In a prepared statement, Wilkinson & Grist said: “In representing Funktion One Research Limited (Funktion-One), an internationally renowned inventor and manufacturer of professional point source loudspeaker systems, we are pleased to have successfully established that the trademark filed by Wu Meiling – a Chinese individual – is a pre-emptive registration of the Funktion-One mark, which has attained a certain level of influence in China prior to the filing of Wu’s mark.

“Funktion-One’s products have gained high regard internationally for their unique techniques and designs. Wu’s mark was filed on 16 March 2005 in respect of inter alia, loudspeakers and sound reproduction apparatus, and is a substantial reproduction of Funktion-One’s marks.”

The Trademark Review and Adjudication Board (TRAB) ruled that the Funktion-One mark was not only well known internationally, but also in China. TRAB judged that the mark has attained “certain influence “ in the country.

Funktion-One has now secured registration of its own Funktion-One mark in China. The company’s Ann Andrews described the victory as “a huge relief”.

“China is a very important market for us,” she said. “Obviously we’d prefer not to face threats to our trademarks and copyrights, but we fought and won, so we’re very pleased about that.”