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Case study No. 36699370 "Cloud Copper" and other series trademark invalidation case

Released Date: Aug 31,2022 Article Source: HUANZE
  The 97 trademarks of "Cloud Copper", bull horn Graphics and other series are respectively issued by Yunnan Yunrui Zhixiang Cultural Communication Co., LTD. (hereinafter referred to as "Yunrui Zhixiang"), the United States Aolohai Group Co., LTD. (hereinafter referred to as "China Yuncopper") and China Yuncopper Group Co., LTD. (hereinafter referred to as "China Yuncopper") (the above-mentioned three companies are collectively referred to as the respondent) in various categories of goods and services Register on. Yunnan Copper (Group) Co., LTD. (the applicant in the series of cases, hereinafter referred to as "Yunnan Copper Group") respectively submitted a request for invalidation of the above-mentioned "Cloud Copper" and other series trademarks (hereinafter referred to as the disputed trademarks).

     "Cloud copper", horn graphics and other series97The trademarks are registered by Yunnan Yunrui Zhixiang Cultural Communication Co., LTD. (hereinafter referred to as "Yunrui Zhixiang"), the United States Aoluo Hai Group Co., LTD. (hereinafter referred to as "Aoluo Hai") and China Yuncopper Group Co., LTD. (hereinafter referred to as "China Yuncopper") (the three companies are collectively referred to as the respondent) in various categories of goods and services. Yunnan Copper (Group) Co., LTD. (the applicant in the series of cases, hereinafter referred to as "Yunnan Copper Group") respectively submitted a request for invalidation of the above-mentioned "Cloud Copper" and other series trademarks (hereinafter referred to as the disputed trademarks). The applicant contends that it is1996A large enterprise established with the approval of the year, "Cloud Copper", as the abbreviation of the applicant, has established a unique and fixed corresponding relationship with the applicant. Both Aoluhai of the United States and Yuntong of China are companies established with Yunrui Zhixiang as the core. The above three companies jointly stockpiling and registering a large number of "Yuntong" and other trademarks, falsely publicizing and seeking illegal interests. Their serial registration behaviors seriously violate the principle of honesty and credit and cause damage to the order of trademark registration. The disputed trademark shall be invalidated. The respondent failed to reply within the time limit set by the Bureau.

       Ringser's view:In this case, the core shareholders of Yunnan Yunrui Zhixiang, the United States Aoluo Hai Group and China Yuncopper Group (Hong Kong company) coincide, and the Kunming representative office of China Yuncopper has the same address as Yunrui Zhixiang. The above three companies are related. Three companies are in45The company applied for trademarks of "Cloud Copper" and Niu Jiao Graphic, and on this basis filed a civil lawsuit against Yunnan Copper Industry (Group), published false acquisition news and malicious speculation. It obviously goes against the principle of honesty and credit and seriously disturbs the normal order of trademark registration. Have been constituted2019Article 4 of the Trademark Law, "Malicious Application for Trademark Registration not for the Purpose of Use", and2013Nian He2019"Obtaining registration by other improper means" as referred to in Paragraph 1 of Article 44 of the Trademark Law in 2005. Therefore, the State Intellectual Property Office declared it invalid. To crack down on malicious registration, we should maintain a high pressure situation, take multiple effects simultaneously, and rationally use laws to regulate trademark registration. This is the original intention and practice of creating a good business environment.


Case study No36699370

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Keywords: Ring ze trademark

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