Appellant (plaintiff in the original trial) : Shunxing Commercial Firm of Fengshan County
Appellee (originally tried defendant) : State Intellectual Property Office
Cause of case: Administrative dispute for review of rejected trademark application
2019years8month16Fengshan County Shunxing Trading firm (referred to as Shunxing trading firm) put forward the first40418108The application for registration of the trademark "LAN Magole" (referred to as the Contested trademark) is designated for use in the No32Class "non-alcoholic beverages" and other commodities (collectively referred to as the review commodities).
2020years7month23The State Intellectual Property Office issued a commercial review on WednesdayThe first204838The issue of the No40418108No. "LAN Magolle" Trademark Rejection Review Decision (referred to as the decision to be sued), identified: the registration of the contested trademark application composition2019The Trademark Law of the People's Republic of China (hereinafter referred to as2019In the circumstances referred to in Article 4 of the Trademark Law, it is decided that the application for registration of the contested trademark on the goods under review shall be rejected.
Ringser's view:In this case, Shunxing Commercial Bank applied for the registration of several trademarks with certain popularity as trademarks in several categories within a short period of time. Although it claimed that the application for the registration of the contested trademark had real intention to use, the evidence it provided was not enough to prove its claim. Therefore, Shunxing Commercial Bank applied for the registration of the contested trademark without real intention to use. Its application for trademark registration obviously violates the intrinsic value of trademark and hinders the normal operation of honest and trustworthy operators in commodity economy. The trademark registration behavior of Shunxing firm obviously exceeded the demand of actual use, disturbed the normal order of trademark registration management, harmed the market order of fair competition, and violated the principle of honesty and credit. Finally, Beijing intellectual property Court rejected Shunxing Commercial on the "blue Magolle" trademark litigation request. If you need more information about the trademark, please contact the consultants.
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