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Regarding the Case of Trademark Invalidation of "MOSCOW RESTAURANT" No. 11396497

Released Date: Jan 04,2022 Article Source: HUANZE
No. 11396497 "MOSCOW Restaurant. The trademark "RESTAURANT" (hereinafter referred to as the trademark in dispute) was applied for registration by Beijing Exhibition Group Co., LTD. (i.e., the respondent of the case) on August 24, 2012, and was approved for registration on January 28, 2014. The trademark is approved for use in Category 43 restaurants and other services.

       The first11396497The Moscow RestaurantMOSCOW RESTAURANTThe trademark (hereinafter referred to as the trademark in dispute) was issued by Beijing Exhibition Group Co., LTD. (the respondent of the case) on2012years8month24Application for registration is made on2014years1month28Approved for registration, approved for use in the No43Class hotel and other services.2019years4month3Wang Yilin (the applicant in this case) filed a request for invalidation of the trademark. The applicant claimed that the trademark in dispute completely contains the name of the famous foreign capital "Moskoshi", "Moskoshi" already constitutes a foreign place name known to the Chinese public. Therefore, according to the provisions of Article 10, Paragraph 2 of the Trademark Law, the disputed trademark shall be declared invalid.

        Ringser's view:For foreign toponymy known to the public, our trademark law clearly stipulates that it shall not be registered as a trademark, except that the toponymy has other meanings or is part of collective trademark and certification trademark. In this case, according to the evidentiary materials submitted by Beijing Exhibition Hall, it can be proved that its "Moscow Restaurant" was founded1954It was founded by Peng Zhen and tailored by Premier Zhou Enlai. At that time, it was a place for national leaders to receive Chinese and foreign guests. Thus, "Moscow Restaurant" carries a specific historical and cultural memory, and has formed a unique corresponding relationship with the Beijing Exhibition Hall. Therefore, it was identified as having other meanings, and finally the validity of the trademark was maintained. Welcome to contact Huanze intellectual property consulting related business!

About control11396497The Moscow RestaurantMOSCOW RESTAURANTTrademark invalidation case

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