UNITED STATES
SECURITIES AND EXCHANGE COMMISSION
Washington, D.C. 20549
Form 6-K
REPORT OF FOREIGN PRIVATE ISSUER
PURSUANT TO RULE 13a-16 OR 15d-16 UNDER THE
SECURITIES EXCHANGE ACT OF 1934
For the month of May 2016
Commission File Number: 001-34862
SOUFUN HOLDINGS LIMITED
(Exact name of registrant as specified in its charter)
F9M, Building 5, Zone 4, Hanwei International Plaza
No. 186 South 4th Ring Road
Fengtai District, Beijing 100160
The People’s Republic of China
(Address of principal executive offices)
Indicate by check mark whether the registrant files or will file annual reports under cover of Form 20-F or Form 40-F.
Form 20-F x Form 40-F ¨
Indicate by check mark if the registrant is submitting the Form 6-K in paper as permitted by Regulation S-T Rule 101(b)(1): ¨
Indicate by check mark if the registrant is submitting the Form 6-K in paper as permitted by Regulation S-T Rule 101(b)(7): ¨
Unless we otherwise specify, when used in this Form 6-K the terms “we” and the “Company” refer to SouFun Holdings Limited and its subsidiaries and consolidated controlled entities.
On May 13, 2016, Chongqing Wanli New Energy Co., Ltd. (“Wanli”), a company listed on the Shanghai Stock Exchange (the “SSE”) (stock code: 600847), made a public announcement in response to an inquiry letter from the SSE dated May 12, 2016 with respect to a dispute over certain trademarks that are involved in the Company’s proposed acquisition of a controlling stake in Wanli and the sale of Wanli’s assets (such transactions, collectively, the “Restructuring”). Summary English translation of Wanli’s announcement is included as an exhibit to this Form 6-K. For further details of the Restructuring and the full text of Wanli’s announcement, please refer to public announcements made by Wanli, available at www.sse.com.cn, the official website of the SSE.
The consummation of the Restructuring remains subject to the requisite internal approvals of the relevant parties and regulatory clearance, including by the China Securities Regulatory Commission and other applicable regulatory authorities. There is no assurance that these approvals or regulatory clearance will be obtained within an expected timeframe, or at all.
Safe Harbor Statement
This Form 6-K contains “forward-looking statements” within the meaning of Section 27A of the Securities Act of 1933, as amended, and Section 21E of the Securities Exchange Act of 1934, as amended, and as defined in the U.S. Private Securities Litigation Reform Act of 1995. These forward-looking statements can be identified by terminology such as “will,” “expects,” “is expected to,” “anticipates,” “aim,” “future,” “intends,” “plans,” “believes,” “are likely to,” “estimates,” “may,” “should” and similar expressions. Such forward-looking statements include, without limitation, the consummation of the Restructuring. All statements other than statements of historical fact in this Form 6-K are forward-looking statements and involve certain risks and uncertainties that could cause actual results to differ materially from those in the forward-looking statements. These forward-looking statements are based on management’s current expectations, assumptions, estimates and projections about the Company and the industry in which the Company operates, but involve a number of unknown risks and uncertainties. Further information regarding these and other risks is included in the Company’s filings with the U.S. Securities and Exchange Commission. The Company undertakes no obligation to update forward-looking statements to reflect subsequent occurring events or circumstances, or changes in its expectations, except as may be required by law. Although the Company believes that the expectations expressed in these forward-looking statements are reasonable, it cannot assure you that such expectations will turn out to be correct, and actual results may differ materially from the anticipated results. You are urged to consider these factors carefully in evaluating the forward-looking statements contained herein and are cautioned not to place undue reliance on such forward-looking statements, which are qualified in their entirety by these cautionary statements.
SIGNATURES
Pursuant to the requirements of the Securities Exchange Act of 1934, the registrant has duly caused this report to be signed on its behalf by the undersigned, thereunto duly authorized.
| SOUFUN HOLDINGS LIMITED | |||
| By: | /s/ Vincent Tianquan Mo | ||
| Name: | Vincent Tianquan Mo | ||
| Title: | Executive Chairman | ||
Date: May 16, 2016
Exhibit Index
| Exhibit 99.1— Summary Translation of Wanli’s Response to SSE Inquiry Letter, dated May 13 |
Exhibit 99.1
Summary Translation of Wanli’s Response to SSE Inquiry Letter
SouFun Holdings Limited (NYSE: SFUN) (“Fang” or the “Company”) has been advised by Chongqing Wanli New Energy Co., Ltd. (“Wanli”), a company listed on the Shanghai Stock Exchange (“SSE”) (stock code: 600847) that, on May 13, 2016, Wanli submitted to the SSE a response letter to its inquiry letter dated May 12, 2016 with respect to a dispute over certain trademarks that are involved in the Company’s proposed acquisition of a controlling stake in Wanli and the sale of Wanli’s assets (such transactions, collectively, the “Restructuring”). For further details of the Restructuring and the full text of Wanli’s response letter, please refer to public announcements made by Wanli, available at www.sse.com.cn, the official website of the SSE. Set forth below is a summary English translation of the response, which is qualified in its entirety by reference to Wanli’s response letter, available at www.sse.com.cn.
| 1. | Questions relating to the trademark dispute |
| 1) | Trademarks and domain names owned by Fang and Beijing Daojieshi Investment Consultancy Services Co., Ltd. (“Daojieshi”), respectively |
Wanli’s response:
| (i) | Trademarks owned by the Target Companies |
As of the date of this response, the Target Companies own the following trademarks.
a. Trademarks under the procedures of transfer to the Target Companies
Registered in China:
| Item | Transferor | Transferee | Trademark | Class | Registration Number | Issuance Date | Expiry Date |
| 1 | Beijing Yi Ran Ju Ke Technology Development Co., Ltd (“Beijing Yi Ran Ju Ke”) |
Beijing Hong An Tu Sheng Network Technology Co., Ltd. (“Beijing Hong An Tu Sheng”) |
 |
16 | 9939098 | January 14, 2014 | January 13, 2024 |
| 2 | Beijing Yi Ran Ju Ke | Beijing Hong An Tu Sheng | |
35 | 9939097 | January 21, 2014 | January 20, 2024 |
| 1 |
| Item | Transferor | Transferee | Trademark | Class | Registration Number | Issuance Date | Expiry Date |
| 3 | Beijing Yi Ran Ju Ke | Beijing Hong An Tu Sheng | |
38 | 9939095 | December 21. 2012 | December 20, 2022 |
| 4 | Beijing Yi Ran Ju Ke | Beijing Hong An Tu Sheng | |
42 | 9939092 | February 7, 2014 | February 6, 2024 |
| 5 | Beijing Yi Ran Ju Ke | Beijing Hong An Tu Sheng |  |
42 | 3798602 | January 28, 2009 | January 27, 2019 |
| 6 | Beijing Yi Ran Ju Ke | Beijing Hong An Tu Sheng |  |
42 | 6208561 | June 14, 2010 | June 12, 2020 |
| 7 | Beijing Yi Ran Ju Ke | Beijing Hong An Tu Sheng |  |
35 | 14662966 | August 28, 2015 | August 27, 2025 |
| 8 | Beijing Yi Ran Ju Ke | Beijing Hong An Tu Sheng | |
41 | 14662960 | August 28, 2015 | August 27, 2025 |
| 9 | Beijing Yi Ran Ju Ke | Beijing Hong An Tu Sheng |  |
42 | 14662959 | August 28, 2015 | August 27, 2025 |
| 10 | Beijing Yi Ran Ju Ke | Beijing Hong An Tu Sheng | |
45 | 14662956 | August 28, 2015 | August 27, 2025 |
| 11 | Beijing Yi Ran Ju Ke | Beijing Hong An Tu Sheng |  |
35 | 14713269 | August 28, 2015 | August 27, 2025 |
| 12 | Beijing Yi Ran Ju Ke | Beijing Hong An Tu Sheng |  |
41 | 14713263 | August 28, 2015 | August 27, 2025 |
| 13 | Beijing Yi Ran Ju Ke | Beijing Hong An Tu Sheng | |
42 | 14713262 | August 28, 2015 | August 27, 2025 |
| 14 | Beijing Yi Ran Ju Ke | Beijing Hong An Tu Sheng |  |
45 | 14713259 | August 28, 2015 | August 27, 2025 |
| 15 |
Beijing SouFun Science and Technology Development Co., Ltd. (“Beijing Technology”) |
Beijing Hong An Tu Sheng |  |
38 | 14626200 | September 28, 2015 | September 27, 2025 |
| 2 |
| Item | Transferor | Transferee | Trademark | Class | Registration Number | Issuance Date | Expiry Date |
| 16 | Beijing Technology |
Beijing Tuo Shi Huan Yu Network Technology Co., Ltd. (“Beijing Tuo Shi Huan Yu”) |
 |
42 | 3576022 | April 21, 2008 | April 20, 2018 |
* As of the date of this response, the trademarks in Items 7 to 11, 15 and 16 have been approved for registration by the Trademark Office of the State Administration for Industry & Commerce of the PRC (“Trademark Office”). The relevant registration certificates are yet to be issued.
Registered overseas:
| Item | Transferor | Transferee | Trademark | Country/Region | Class | Registration Number | Issuance Date | Expiry Date |
| 1 | Beijing Yi Ran Ju Ke | Beijing Hong An Tu Sheng |  |
Hong Kong | 35 | 303071583 | July 18, 2014 | July 17, 2024 |
| 2 | Beijing Yi Ran Ju Ke | Beijing Hong An Tu Sheng |  |
Macau | 35 | N/088472 | January 12, 2015 | January 12, 2022 |
| 3 | Beijing Yi Ran Ju Ke | Beijing Hong An Tu Sheng | |
Taiwan | 35 | 01703006 | April 16, 2015 | April 15, 2025 |
| 4 | Beijing Technology | Beijing Hong An Tu Sheng |  |
United Kingdom | 35 | UK00003067910 | November 14, 2014 | - |
| 5 | Beijing Technology | Beijing Hong An Tu Sheng |  |
Japan | 35 | 5739054 | February 6, 2015 | - |
| 6 | Beijing Technology | Beijing Hong An Tu Sheng |  |
Australia | 35 | 1640303 | August 12, 2014 | August 12, 2024 |
| 7 | Beijing Technology | Beijing Hong An Tu Sheng |  |
French | 35 | 144112683 | August 20, 2014 | - |
| 8 | Beijing Technology | Beijing Hong An Tu Sheng |  |
United States | 35 | 4798177 | August 25, 2015 | - |
| 3 |
b. Trademarks under the procedures of transfer from the Target Companies to Fang’s other affiliates
| Item | Transferor | Transferee | Trademark | Class | Registration Number | Issuance Date | Expiry Date |
| 1 | Beijing Tuo Shi Huan Yu |
Beijing Cun Fang Real Estate Broking Co., Ltd. (“Beijing Cun Fang”) |
 |
16 | 14013717 | March 14, 2015 | March 13, 2025 |
| 2 | Beijing Tuo Shi Huan Yu | Beijing Cun Fang | |
35 | 13826582 | February 28, 2015 | February 27, 2025 |
| 3 | Beijing Tuo Shi Huan Yu | Beijing Cun Fang | |
36 | 13826581 | March 21, 2015 | March 20, 2025 |
| 4 | Beijing Tuo Shi Huan Yu | Beijing Cun Fang | |
37 | 14013716 | April 14, 2015 | April 13, 2025 |
| 5 | Beijing Tuo Shi Huan Yu | Beijing Cun Fang |  |
38 | 13826580 | March 21, 2015 | March 20, 2025 |
| 6 | Beijing Tuo Shi Huan Yu | Beijing Cun Fang | |
39 | 14013715 | March 14, 2015 | March 13, 2025 |
| 7 | Beijing Tuo Shi Huan Yu | Beijing Cun Fang | |
40 | 14013714 | March 14, 2015 | March 13, 2025 |
| 8 | Beijing Tuo Shi Huan Yu | Beijing Cun Fang | |
41 | 14013713 | March 14, 2015 | March 13, 2025 |
| 9 | Beijing Tuo Shi Huan Yu | Beijing Cun Fang | |
42 | 13826579 | March 21, 2015 | March 20, 2025 |
| 10 | Beijing Tuo Shi Huan Yu | Beijing Cun Fang | |
43 | 14013712 | March 14, 2015 | March 13, 2025 |
| 11 | Beijing Tuo Shi Huan Yu | Beijing Cun Fang | |
44 | 14013711 | March 14, 2015 | March 13, 2025 |
| 12 | Beijing Tuo Shi Huan Yu | Beijing Cun Fang | |
45 | 14013710 | March 14, 2015 | March 13, 2025 |
| 4 |
| (ii) | Domain names owned by the Target Companies |
As of the date of this response, 253 domain names of the Target Companies and their subsidiaries are proposed to be injected into Wanli. Among those domain names 252 are currently owned by the Target Companies and their subsidiaries, while one is currently under the procedure of transfer to the Target Companies. The Target Companies transferred to Fang’s other affiliates 216 domain names unrelated to their main businesses. For more details of those domain names, please see the revised preliminary plan as disclosed by Wanli on May 4, 2016.
Currently, the Target Companies operate the Fang Tian Xia website under the key domain name “fang.com.” Prior to Fang’s launch of the domain name “fang.com” in July 2014, Fang and its subsidiaries operated the SouFun website under the key domain name “soufun.com.”
| (iii) | Trademarks and domain names related to “SouFun” owned by Fang’s other affiliates (excluding the Target Companies) |
a. Trademarks
| Item | Registered Owner | Trademark | Registration Number | Class |
Application Acceptance Date |
Publication Date of Registration | Expiry Date |
| 1 |
Beijing Technology
|
 |
1759219 | 35 | November 9, 2000 | September 9, 2010 | April 27, 2022 |
| 2 | Beijing Technology |  |
5405477 | 35 | June 8, 2006 | June 14, 2012 | June 12, 2022 |
| 3 | Beijing Technology |  |
3781612 | 36 | November 4, 2003 | September 28, 2011 | April 6, 2026 |
| 4 | Beijing Technology |  |
5405476 | 36 | June 8, 2006 | January 21, 2010 | January 20, 2020 |
| 5 | Beijing Technology |  |
1436659 | 42 | May 10, 1999 | August 21, 2000 | August 20, 2020 |
| 6 | Beijing Technology |  |
1735742 | 42 | November 9, 2000 | September 28, 2010 | March 20, 2022 |
| 7 | Beijing Technology |  |
3774638 | 42 | October 29, 2003 | September 28, 2011 | March 20, 2026 |
| 8 | Beijing Technology |  |
3781609 | 42 | November 4, 2003 | June 28, 2006 | June 27, 2026 |
| 9 | Beijing Technology |  |
6208553 | 42 | August 7, 2007 | June 14, 2010 | June 13, 2020 |
| 10 | Beijing Technology |
搜房 SouFun |
3781611 | 38 | November 4, 2003 | September 28, 2011 | April 6, 2026 |
| 11 | Beijing Technology | 搜房 | 4020839 | 16 | April 16, 2004 | February 7, 2012 | December 13, 2016 |
| 5 |
| Item | Registered Owner | Trademark | Registration Number | Class |
Application Acceptance Date |
Publication Date of Registration | Expiry Date |
| 12 | Beijing Technology |  |
4020833 | 35 | April 16, 2004 | March 7, 2007 | March 6, 2017 |
| 13 | Beijing Technology |  |
4020822 | 36 | April 16, 2004 | October 21, 2010 | September 27, 2017 |
| 14 | Beijing Technology | 搜房 | 4020837 | 38 | April 16, 2004 | April 28, 2007 | April 27, 2017 |
| 15 | Beijing Technology | 搜房 | 4020838 | 39 | April 16, 2004 | February 28, 2009 | February 27, 2019 |
| 16 | Beijing Technology | 搜房 | 4020821 | 41 | April 16, 2004 | July 21, 2007 | July 20, 2017 |
| 17 | Beijing Technology |  |
4020823 | 42 | April 16, 2004 | February 28, 2009 | February 27, 2019 |
| 18 | Beijing Technology |  |
4020832 | 42 | April 16, 2004 | October 28, 2007 | October 27, 2017 |
| 19 | Beijing Technology |  |
4020834 | 42 | April 16, 2004 | February 28, 2009 | February 27, 2019 |
| 20 | Beijing Technology | 搜房 | 4020836 | 43 | April 16, 2004 | February 28, 2009 | February 27, 2019 |
| 21 | Beijing Technology |  |
6208563 | 42 | August 7, 2007 | June 14, 2010 | June 13, 2020 |
| 22 | Beijing Technology | 搜房 | 16510691 | 35 | March 18, 2015 | April 28, 2016 | April 27, 2026 |
| 23 | Beijing Technology | 搜房 | 16510674 | 40 | March 18, 2015 | May 7, 2016 | May 6, 2026 |
| 24 | Beijing Technology | 搜房 | 16510673 | 44 | March 18, 2015 | May 7, 2016 | May 6, 2026 |
| 25 | Beijing Technology | 搜房 | 16510672 | 45 | March 18, 2015 | April 28, 2016 | April 27, 2026 |
b. Domain names
| Item | Registered Owner | Domain Name | Registration Date | Expiry Date |
| 1 | Beijing Technology | soufun.com | April 15, 1999 | April 15, 2018 |
| 2 | Beijing Technology | soufun.com.cn | May 11, 1999 | May 11,2017 |
| 3 | Beijing Technology | sofun.com.cn | June 11, 2000 | June 11, 2017 |
| 6 |
| Item | Registered Owner | Domain Name | Registration Date | Expiry Date |
| 4 | Beijing Technology | 搜房网.公司 | June 25, 2012 | August 21, 2017 |
| 5 | Beijing Technology | 搜房网.网络 | June 25, 2012 | August 21, 2017 |
| 6 | Beijing Technology | szsoufun.com | October 16, 2002 | October 16, 2016 |
| 7 | Beijing Technology | soufun.cn | March 17, 2003 | March 17, 2017 |
| 8 | Beijing Technology | gzsoufun.com | March 27, 2003 | March 27, 2017 |
| 9 | Beijing Technology | 2soufun.com | May 9, 2003 | May 9, 2017 |
| 10 | Beijing Technology | soufun.net.cn | September 3, 2003 | September 3, 2016 |
| 11 | Beijing Technology | 搜房网.中国 | September 19, 2003 | September 19, 2016 |
| 12 | Beijing Technology | 搜房.网络 | August 20, 2014 | August 20, 2017 |
| 13 | Beijing Technology | 搜房网.cn | September 19, 2003 | September 19, 2016 |
| 14 | Fang | soufang.org | September 24, 2003 | September 24, 2016 |
| 15 | Beijing Technology | soufun.info | September 24, 2003 | September 24, 2003 |
| 16 | Beijing Technology | soufang.org.cn | September 24, 2003 | September 24, 2003 |
| 17 | Beijing Technology | soufun.org.cn | September 24, 2003 | September 24, 2003 |
| 7 |
| Item | Registered Owner | Domain Name | Registration Date | Expiry Date |
| 18 | Beijing Technology | 搜房网.net | September 25, 2003 | September 25, 2003 |
| 19 | Fang | soufun.org | September 25, 2003 | September 25, 2003 |
| 20 | Beijing Technology | 搜房.net | October 9, 2003 | October 9, 2016 |
| 21 | SouFun Media Technology (Beijing) Co., Ltd. (“SouFun Media”) | 搜房.公司 | August 20, 2014 | August 20, 2017 |
| 22 | Beijing Technology | sofang.net.cn | November 21, 2003 | November 21, 2016 |
| 23 | Beijing Technology | soufang.net.cn | November 25, 2003 | November 25, 2016 |
| 24 | Beijing Technology | sofang.name | January 29, 2004 | January 29, 2017 |
| 25 | Beijing Technology | soufang.name | January 29, 2004 | January 29, 2004 |
| 26 | Beijing Technology | soufun.bj.cn | March 31, 2005 | March 31, 2017 |
| 27 | Beijing Technology | soufun.cq.cn | March 31, 2005 | March 31, 2017 |
| 28 | Beijing Technology | soufun.gd.cn | March 31, 2005 | March 31, 2017 |
| 29 | Beijing Technology | soufun.sh.cn | March 31, 2005 | March 31, 2017 |
| 30 | Beijing Technology | soufun.tj.cn | March 31, 2005 | March 31, 2017 |
| 31 | CHINA INDEX ACADEMY LIMITED | sofang.com.hk | March 22, 2007 | March 27, 2017 |
| 32 | SouFun Media | sofang.hk | March 22, 2007 | March 27, 2017 |
| 33 | SouFun Media | soufang.hk | March 22, 2007 | March 27, 2017 |
| 34 | CHINA INDEX ACADEMY LIMITED | soufun.com.hk | March 22, 2007 | March 27, 2017 |
| 8 |
| Item | Registered Owner | Domain Name | Registration Date | Expiry Date |
| 35 | SouFun Media | 搜房网.hk | March 22, 2007 | March 27, 2017 |
| 36 | Beijing Technology | 搜房.biz | April 24, 2007 | April 24, 2017 |
| 37 | Beijing Technology | 搜房网.biz | April 24, 2007 | April 24, 2017 |
| 38 | SouFun Media | soufun.cc | November 21, 2007 | November 21,2016 |
| 39 | Beijing Technology | soufun.name | September 19, 2011 | November 21,2016 |
| 40 | Beijing Technology | soufun.tv | November 21, 2007 | November 21,2016 |
| 41 | CHINA HOUSEHOLD HOLDINGS LIMITED | homesoufun.com | January 8, 2008 | January 8, 2017 |
| 42 | Beijing SouFun Network Technology Co., Ltd. (“SouFun Network”) | soufun.asia | August 11, 2008 | August 11, 2017 |
| 43 | Beijing Technology | soufuncard.com | June 5, 2008 | June 5, 2017 |
| 44 | Beijing Technology | soufuncard.com.cn | April 14, 2009 | April 14, 2017 |
| 45 | Beijing Technology | soufuncard.net | April 14, 2009 | April 14, 2017 |
| 46 | Beijing Technology | soufunimg.com | June 10, 2006 | June 10, 2017 |
| 47 | Beijing Technology | soufuntws.com | June 26, 2009 | June 26, 2017 |
| 48 | SouFun Network | soufun.it | August 6, 2011 | August 6, 2017 |
| 49 | Beijing Technology | soufun.中国 | October 29, 2012 | October 29, 2016 |
| 50 | Beijing Technology | 8soufun.cn | February 26, 2014 | February 26, 2017 |
| 51 | Beijing Technology | 8soufun.com.cn | February 26, 2014 | February 26, 2017 |
| 9 |
| Item | Registered Owner | Domain Name | Registration Date | Expiry Date |
| 52 | Beijing Technology | 搜房.ren | January 30, 2015 | January 30, 2017 |
| 53 | Beijing Technology | 搜房网.ren | January 30, 2015 | January 30, 2017 |
| 54 | Beijing Technology | soufun.ren | February 1, 2015 | February 1, 2017 |
| 55 | Beijing Technology | soufun.公司 | February 1, 2015 | February 1, 2017 |
| 56 | Beijing Technology | soufun.网络 | February 1, 2015 | February 1, 2017 |
| 57 | Beijing Technology | 搜房.xyz | February 6, 2015 | February 6, 2017 |
| 58 | Beijing Technology | 搜房网.我爱你 | February 6, 2015 | February 6, 2017 |
| 59 | Beijing Hong An Tu Sheng | 房天下搜房网.biz | March 10, 2015 | March 9, 2017 |
| 60 | Beijing Hong An Tu Sheng | 房天下搜房网.cc | March 10, 2015 | March 9, 2017 |
| 61 | Beijing Hong An Tu Sheng | 房天下搜房网.cn | March 10, 2015 | March 9, 2017 |
| 62 | Beijing Technology | 房天下搜房网.com | March 10, 2015 | March 9, 2017 |
| 63 | Beijing Technology | 房天下搜房网.net | March 10, 2015 | March 9, 2017 |
| 64 | Beijing Hong An Tu Sheng | 房天下搜房网.ren | March 10, 2015 | March 9, 2017 |
| 65 | Beijing Hong An Tu Sheng | 房天下搜房网.top | March 10, 2015 | March 9, 2017 |
| 66 | Beijing Hong An Tu Sheng | 房天下搜房网.tv | March 10, 2015 | March 9, 2017 |
| 67 | Beijing Hong An Tu Sheng | 房天下搜房网.wang | March 10, 2015 | March 9, 2017 |
| 68 | Beijing Hong An Tu Sheng | 房天下搜房网.xyz | March 10, 2015 | March 9, 2017 |
| 69 | Beijing Hong An Tu Sheng | 房天下搜房网.公司 | March 10, 2015 | March 9, 2017 |
| 70 | Beijing Hong An Tu Sheng | 房天下搜房网.网络 | March 10, 2015 | March 9, 2017 |
| 10 |
| Item | Registered Owner | Domain Name | Registration Date | Expiry Date |
| 71 | Beijing Hong An Tu Sheng | 房天下搜房网.我爱你 | March 10, 2015 | March 9, 2017 |
| 72 | Beijing Hong An Tu Sheng | 房天下搜房网.中国 | March 10, 2015 | March 9, 2017 |
| 73 | Beijing Hong An Tu Sheng | 搜房网房天下.biz | March 10, 2015 | March 9, 2017 |
| 74 | Beijing Hong An Tu Sheng | 搜房网房天下.cc | March 10, 2015 | March 9, 2017 |
| 75 | Beijing Hong An Tu Sheng | 搜房网房天下.cn | March 10, 2015 | March 9, 2017 |
| 76 | Beijing Hong An Tu Sheng | 搜房网房天下.com | March 10, 2015 | March 9, 2017 |
| 77 | Beijing Hong An Tu Sheng | 搜房网房天下.net | March 10, 2015 | March 9, 2017 |
| 78 | Beijing Hong An Tu Sheng | 搜房网房天下.ren | March 10, 2015 | March 9, 2017 |
| 79 | Beijing Hong An Tu Sheng | 搜房网房天下.top | March 10, 2015 | March 9, 2017 |
| 80 | Beijing Hong An Tu Sheng | 搜房网房天下.tv | March 10, 2015 | March 9, 2017 |
| 81 | Beijing Hong An Tu Sheng | 搜房网房天下.wang | March 10, 2015 | March 9, 2017 |
| 82 | Beijing Hong An Tu Sheng | 搜房网房天下.xyz | March 10, 2015 | March 9, 2017 |
| 83 | Beijing Hong An Tu Sheng | 搜房网房天下.公司 | March 10, 2015 | March 9, 2017 |
| 84 | Beijing Hong An Tu Sheng | 搜房网房天下.网络 | March 10, 2015 | March 9, 2017 |
| 85 | Beijing Hong An Tu Sheng | 搜房网房天下.我爱你 | March 10, 2015 | March 9, 2017 |
| 86 | Beijing Hong An Tu Sheng | 搜房网房天下.中国 | March 10, 2015 | March 9, 2017 |
| 87 | Beijing Technology | 搜房.我爱你 | March 16, 2015 | March 16, 2017 |
| 88 | Beijing Technology | soufun.biz | March 16, 2015 | March 16, 2017 |
| 89 | Beijing Technology | soufun.so | March 17, 2015 | March 17, 2017 |
| 11 |
| Item | Registered Owner | Domain Name | Registration Date | Expiry Date |
| 90 | Beijing Technology | soufun.tel | March 17, 2015 | March 17, 2017 |
| 91 | Beijing Technology | soufun.我爱你 | March 17, 2015 | March 17, 2017 |
| 92 | Beijing Technology | soufun.band | May 13, 2015 | May 13, 2017 |
| 93 | Beijing Technology | soufun.engineer | May 13, 2015 | May 13, 2017 |
| 94 | Beijing Technology | soufun.lawyer | May 13, 2015 | May 13, 2017 |
| 95 | Beijing Technology | soufun.market | May 13, 2015 | May 13, 2017 |
| 96 | Beijing Technology | soufun.pub | May 13, 2015 | May 13, 2017 |
| 97 | Beijing Technology | soufun.rocks | May 13, 2015 | May 13, 2017 |
| 98 | Beijing Technology | soufun.social | May 13, 2015 | May 13, 2017 |
| 99 | Beijing Technology | soufun.software | May 13, 2015 | May 13, 2017 |
| 100 | Beijing Technology | soufun.click | August 6, 2015 | August 6, 2017 |
| 101 | Beijing Technology | soufun.gift | August 6, 2015 | August 6, 2017 |
| 102 | Beijing Technology | soufun.help | August 6, 2015 | August 6, 2017 |
| 103 | Beijing Technology | soufun.photo | August 6, 2015 | August 6, 2017 |
| 104 | Beijing Technology | soufun.pics | August 6, 2015 | August 6, 2017 |
| 105 | Beijing Technology | soufun.news | September 8, 2015 | September 8, 2016 |
| 106 | Beijing Technology | soufun.video | September 8, 2015 | September 8, 2016 |
| 107 | Beijing Technology | soufun.wang | September 8, 2015 | September 8, 2016 |
| 12 |
| Item | Registered Owner | Domain Name | Registration Date | Expiry Date |
| 108 | Beijing Technology | soufun.design | November 9, 2015 | November 9, 2016 |
| 109 | Beijing Technology | soufun.live | November 9, 2015 | November 9, 2016 |
| 110 | Beijing Technology | soufun.online | November 9, 2015 | November 9, 2016 |
| 111 | Beijing Technology | soufun.press | November 9, 2015 | November 9, 2016 |
| 112 | Beijing Technology | soufun.site | November 9, 2015 | November 9, 2016 |
| 113 | Beijing Technology | soufun.space | November 9, 2015 | November 9, 2016 |
| 114 | Beijing Technology | soufun.studio | November 9, 2015 | November 9, 2016 |
| 115 | Beijing Technology | soufun.tech | November 9, 2015 | November 9, 2016 |
| 116 | Beijing Technology | soufun.website | November 9, 2015 | November 9, 2016 |
| 117 | Beijing Technology | soufun.wiki | November 9, 2015 | November 9, 2016 |
| 118 | Beijing Hong An Tu Sheng | 搜房房天下.com | April 12, 2016 | April 12, 2017 |
| 119 | Beijing Hong An Tu Sheng | 搜房房天下.cn | April 12, 2016 | April 12, 2017 |
| 120 | Beijing Hong An Tu Sheng | 搜房房天下.net | April 12, 2016 | April 12, 2017 |
| 121 | Beijing Hong An Tu Sheng | 搜房房天下.cc | April 12, 2016 | April 12, 2017 |
| 122 | Beijing Hong An Tu Sheng | 搜房房天下.wang | April 12, 2016 | April 12, 2017 |
| 123 | Beijing Hong An Tu Sheng | 搜房房天下.top | April 12, 2016 | April 12, 2017 |
| 124 | Beijing Hong An Tu Sheng | 搜房房天下.ren | April 12, 2016 | April 12, 2017 |
* Certain domain names are currently owned by the Target Companies and under the procedures of transfer from the Target Companies to Beijing Technology.
| (iv) | Trademarks and domain names related to “Sofang” owned by Daojieshi |
a. Trademarks
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According to the public information from the Trademark Office, Daojieshi holds the following trademarks related to “Sofang” as of the date of this response.
| Item |
Registered Owner |
Trademark | Registration Number | Class |
Application Acceptance Date |
Publication Date of Registration | Expiry Date |
| 1 | Beijing Soufang Real Estate Broking Co., Ltd. (“Soufang Broking”), Daojieshi |
sofang 搜房 |
3702986 | 35 | September 4, 2004 | April 21, 2015 | March 27, 2016 (in the process of renewal) |
| 2 | Daojieshi |
sofang 搜房 |
1507859 | 36 | December 29, 1999 | January 14, 2001 | January 13, 2021 |
| 3 | Daojieshi |
搜房 soufang |
1503835 | 38 | February 13, 2000 | January 7, 2001 | January 6, 2021 |
| 4 | Daojieshi | 搜房 | 12168505 | 36 | February 8, 2013 | July 28, 2014 | July 27, 2024 |
| 5 | Daojieshi | 搜房 | 12168506 | 38 | February 8, 2013 | July 28, 2014 | July 27, 2024 |
* Beijing Technology already filed an application for invalidation declaration with the Trademark Office on April 24, 2015 with respect to the trademark in Item 1. Such application is currently under the Trademark Office’s review.
b. Domain names
According to the public information from “wanwang.aliyun.com,” Daojieshi holds the following domain names related to “Sofang” as of the date of this response.
| Item | Registered Owner | Doman Name | Registration Date | Expiry Date |
| 1 | Daojieshi | cpcp.com.cn | April 29, 1999 | April 20, 2022 |
| 2 | BEIJING DONJON INVESTMENT LTD | sofang.com | December 5, 1999 | December 5, 2020 |
| 3 | Daojieshi | sofang.com.cn | December 9, 1999 | December 9, 1999 |
| 4 | Daojieshi | soufang.com.cn | January 26, 2000 | January 26, 2020 |
| 5 | BEIJING DONJON INVESTMENT CONSULT&SERVICE LTD | soufang.com | January 26, 2000 | January 26, 2000 |
| 6 | Daojieshi | soufang.cn | March 17, 2003 | March 17, 2020 |
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| Item | Registered Owner | Doman Name | Registration Date | Expiry Date |
| 7 | Daojieshi | sofang.cn | March 17, 2003 | March 17, 2003 |
| 8 | Daojieshi | 搜房.中国 | July 29, 2003 | July 29, 2022 |
| 9 | Daojieshi | 搜房.cn | July 29, 2003 | July 29, 2022 |
| 2) | Current status of the trademark dispute |
On September 4, 2003, Soufang Broking and Daojieshi (together with Soufang Broking, the “Opposed Parties”) jointly applied with the Trademark Office for the registration of the trademark “搜房sofang” (registration number 3702986) under Class 35 (the “Opposed Trademark”), which includes advertising and marketing.
On December 28, the Opposed Trademark was published on the 1005th Trademark Circular after passing the preliminary review.
On March 20, 2006, Beijing SouFun Internet Information Service Co., Ltd. (“Beijing Internet”), an affiliate of Fang that is not a Target Company, filed an opposition with the Trademark Office, claiming that (1) the Opposed Trademark is identical to the trademark “搜房soufun” registered earlier under Classes 35 and 42 by Beijing Internet, and the Opposed Trademark constituted an identical trademark for similar services, and (2) “搜房soufun” is a well-known trademark in terms of advertising, and the Opposed Parties should be aware of the popularity of such trademark as a competitor in the same region. The Opposed Parties’ activities therefore constituted unfair competition. Beijing Internet requested the Trademark Office to reject the registration of the Opposed Trademark.
On October 14, 2009, the Trademark Office rejected Beijing Internet’s opposition and approved the registration of the Opposed Trademark.
On November 12, 2009, Beijing Internet applied for review with the Trademark Review and Adjudication Board (“TRAB”). On November 8, 2012, the TRAB determined that the Opposed Trademark was in violation of the Trademark Law of the PRC in terms of identical trademark for similar services, and the Opposed Trademark may be registered only for the services of auction and business relocation (information provision).
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On December 4, 2012, Daojieshi commenced an administrative action by filing a complaint with the Beijing No. 1 Intermediate People’s Court, requesting the court to revoke the TRAB’s decision and cause the TRAB to reconsider the case. On November 8, 2013, the Beijing No. 1 Intermediate People’s Court made a judgement that sustained the TRAB’s decision.
On November 21, 2013, the Opposed Parties appealed to the Beijing Higher People’s Court. On April 3, 2014, the Beijing Higher People’s Court made a judgment that revoked the judgement of the Beijing No. 1 Intermediate People’s Court and the decision of the TRAB.
On March 9, 2015, the TRAB reconsidered the case and determined to approve the registration of the Opposed Trademark.
According to the public announcement from the Trademark Office, the Trademark Office publicly announced the registration of the Opposed Trademark on April 21, 2015, and the Opposed Parties jointly own the Opposed Trademark.
On April 24, 2015, Beijing Internet filed an application for invalidation declaration with the Trademark Office with respect to the Opposed Trademark. As of the date of this response, the application is under review by the Trademark Office.
On April 29, 2015, Beijing Internet petitioned the Supreme People's Court of the PRC for a retrial of the case, requesting the court to revoke the Beijing Higher People’s Court’s judgement and sustain the Beijing No. 1 Intermediate People’s Court’s judgment. As of the date of this response, the case is under review by the Supreme People's Court of the PRC.
| 2. | Questions relating to the Target Companies’ rights to use the trademarks “搜房网” (SouFun website in Chinese) and “搜房网房天下” (SouFun Fang Tian Xia website in Chinese) |
Wanli’s response:
| (i) | The Target Companies are entitled to conduct Internet advertising business for real estate and home furnishing industries using the trademarks “搜房网” and “搜房网房天下.” Such activities do not infringe Daojieshi’s trademark |
Fang and its subsidiaries commenced the Internet advertising business for real estate industry under the SouFun website in 1999. In July 2014, Fang changed its operating domain name from “soufun.com” to “fang.com.” As of the date of this response, the Fang Tian Xia website under “fang.com” has generated more than six million daily unique visitors. In addition, the Fang Tian Xia application, a mobile platform operated by the Target Companies, generated a ratio of active users at over 50% (while the second highest ratio is 22.2%), demonstrating its leadership in the market.
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As of the date of this response, Beijing Technology is applying for the registration of “搜房网房天下” and other relevant trademarks. According to the public information from the Trademark Office, Daojieshi does not own “搜房网” or “搜房网房天下.”
| (ii) | The ICP license held by Beijing Technology states SouFun website as the website name |
On November 1, 2006, Beijing Technology obtained the ICP license from the Beijing Communication Administration, which states that one of the recorded domain names is “www.soufun.com,” and the corresponding website name is SouFun website. Such website name has been used until now.
According to the evidence submitted by Daojieshi to the Beijing No. 1 Intermediate People’s Court, Daojieshi obtained the ICP license from the Beijing Communication Administration on March 18, 2009, which states that the recorded domain name is www.soufang.com, and the corresponding website name is Soufang Real Estate Trading website. Such website was first recorded on June 27, 2007.
| (iii) | Fang and its subsidiaries (including the Target Companies) commenced the use of the brand “SouFun” since its establishment and have gained market reputation |
Fang and its subsidiaries commenced the provision of Internet advertising for real estate industry in China in August 1999. As of the date of this response, Fang has become the largest real estate Internet portal in China and owns more than 20 subsidiaries that are named after “SouFun.”
Daoshijie first set up an affiliate named after “Soufang” in January 2003.
| (iv) | SouFun website has a high brand influence and is well-known in the market |
The SouFun website has a well-established brand image and received a number of awards.
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| (v) | Fang used trademarks with characters “搜房” (SouFun in Chinese) during its ordinary course of business in a legitimate manner |
Fang and its subsidiaries registered several trademarks with characters “搜房” since 1999 (see the tables of trademarks above) and have been using them during their ordinary course of business in a legitimate manner. Although Fang or its subsidiaries did not register a trademark with characters “搜房” for Internet advertising business for real estate industry, they effectively commenced the use of trademarks with characters “搜房” in their Internet advertising business for real estate industry since 1999. The TRAB, the Beijing No. 1 Intermediate People’s Court and the Beijing Higher People’s Court also held in their respective decision or judgement that Fang and its subsidiaries commenced the use of the trademark “搜房soufun” earlier than the Opposed Parties, and the trademark “搜房soufun” has gained market reputation. According to the Trademark Law of the PRC, even if the Opposed Parties eventually complete the registration of the Opposed Trademark under Class 35, they are not entitled to prohibit Fang and its subsidiaries from continuing the use of the existing trademarks with characters “搜房” within their original usage scope. Such use does not constitute an infringement of the Opposed Trademark.
| (vi) | There is no intentional omission of trademark infringement |
According to the restructuring
plan, the Target Companies to be injected into Wanli include Fang’s subsidiaries that operate its Internet advertising business
for real estate and home furnishing industries. The Target Companies conduct such business through “fang.com.” As
of the date of this response, the Target Companies have received the license to provide value-added telecommunications services
and own the following registered trademarks under Class 35 (Advertising): “
”
“
” and “
.”
As of the date hereof, the Target Companies are not experiencing any litigation or arbitration related to any trademark or qualification
for operation. Fang and its subsidiaries (including the Target Companies) are not infringing any third party’s trademarks.
Accordingly, there is no intentional omission of trademark infringement to be disclosed in connection with Restructuring.
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