Who owns the "Double-11" trademark? JD.com and Alibaba vs. CNIPA

The annual "Double-11" shopping festival is underway, and there are still disputes over the ownership of the trademark "Double-11". Beijing Jingdong Sanbailushidu Electronic Commerce Co., Ltd. (JD.com for short) believes that Alibaba Group Holding Co., Ltd. (Alibaba Group for short), the holder of the "Double-11" trademark, has not actually used the trademark within three years and should be revoked. After re-examination, the National Intellectual Property Administration, PRC (CNIPA) held that the registration of the trademark involved in advertising and other services should be maintained, but it should be revoked for many other services.

Regarding the review decision of the CNIPA, Alibaba Group and JD.com both expressed dissatisfaction, and the two companies respectively filed suits to the Beijing Intellectual Property Court. On November 10, the two trademark administrative cases surrounding the "Double-11" trademark were heard in Beijing Intellectual Property Court.

On November 1, 2011, Alibaba Group applied for the registration of the "Double-11" word mark on the 35th category of advertising and other services, and was approved for registration on December 28, 2012.

In 2018, JD.com believed that Alibaba Group did not actually use the "Double-11" trademark in the three years from November 2015 to November 2018, so it filed an application to cancel the trademark to CNIPA.

In May of this year, CNIPA concluded that the Alibaba Group had used the "Double-11" trademark in "advertisement; display of goods on communication media for retail purposes; sales promotion for others" services. The registration of trademarks on some services should be maintained; however, the trademark registrations of the remaining services are canceled because they are not used in many services such as "business management assistance;

Both JD.com and Alibaba Group were dissatisfied with the review decision. JD.com refused to maintain the registration part and Alibaba Group dissatisfied with the de-registration part. The two companies filed suits with the Beijing Intellectual Property Court respectively, requesting the court to order CNIPA to make a new decision.

On the afternoon of the 10th, two cases were heard in court. JD.com and Alibaba Group participated in the litigation as the plaintiffs in the two cases. The defendants in both cases were CNIPA.