Applicant: Baja Brand Co., LTD
Respondent: Shenyang Tianhe Kading Sports Development Co., LTD
The trademark in question: Baja
In this case, the above invalidation case was heard orally. The applicant considers that the respondent and the applicant are in disputetrademarkPrior to the date of application, there is a contract or business relationship, and the respondent, as the specific relationship person of the applicant, has a clear knowledge of the applicant's business field and"BAJA"In the possession of the applicant, without authorization, in connection with the Applicant"BAJA"(Baja)" trademark used on similar services for cross-country events, malicious squatting disputestrademark. The respondent's application for registration of the disputed trademark infringes on the applicant's right of prior trade name. The trademark in dispute shall be declared invalid in accordance with the provisions of Article 15, Paragraph 2 and Article 32 of the Trademark Law. The respondent replied that there was no evidence that the applicant had used the"BAJA(Baja) "trademark, the applicant does not have the prior right to use the disputed trademark in China. The registration of the disputed trademark does not violate the applicant's prior firm right. In summary, it is requested to maintain the registration of the disputed trademark.
Ringser's view:In this case, the respondent's original legal representative and the general manager of the applicant were familiar with each other, and the two parties had negotiated on cooperation matters, and admitted in their emails that the applicant ownedBAJAIf the respondent knowingly registers the applicant's unregistered trademark, it violates the principle of good faith. At the same time, based on the above specific relationship, the respondent knows the firm name of the applicant, but still registers the trademark illegally, which damages the prior firm right of the applicant. Therefore, the disputed trademark shall be declared invalid.
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