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Typical case review | "napa" trademark dispute case no. 33083305

Released Date: Dec 07,2021 Article Source: HUANZE
Review typical cases |  Trademark Objection, Napag, No. 33083305.

Dissenter: Napa Valley Brewers Association
Respondent: Qingdao Yanis Wine Co., LTD
Trademark challenged: Napag
Specified commodity: No33Class "cocktail; Wine "etc.
       The main reason of the objectors: the registration and use of the objectionable trademark may cause the relevant public to misidentify the provenance and quality of the goods, which violates the provisions of Article 16 and Article 30 of the Trademark Law. The main evidence submitted by the opponent:1."NAPA VALLEYNapa "in the United States to obtain the relevant legal basis for the protection of wine designation of origin.2."NAPA VALLEY NV100%Registration certificate of geographical indication certificate.3.Notice of the General Administration of Quality Supervision, Inspection and Quarantine on Approving the Implementation of Geographical Indication Protection for Napa Valley (Wine).4.Business evaluation[2013]The first97974Number, quotient evaluation word[2013]The first97969Decision No.5."NAPA VALLEYNapa "Google search results.6.Media, websites, etc.NAPA VALLEY"In the world and China wine industry introduction and report and other evidence.

       The respondent fails to reply within the prescribed time limit. In accordance with Articles 16, 30 and 35 of the Trademark Law, the Trademark Office decides33083305No. "Napag" trademark shall not be registered.

        Ringser's view:Napa Valley, a famous wine region, was also granted geographical indication protection. Geographical indication, as a clear sign of product origin, enables consumers to clearly associate the product with the regional characteristics they know accurately, enable consumers to make a reasonable judgment on the quality and characteristics of the product, promote the symmetry of product information between consumers and producers, and build a good reputation bridge for consumers and products. In this case, the trademark "Napag" was applied for by Qingdao Yanis, which includes"NAPA VALLEYThe significant part of "Napa Valley", Qingdao Company, has no evidence to prove that it has authorized registered trademark and other relations with the opponent, nor has there been any evidence to prove that its products come from the above-mentioned geographical indication designated area of the opponent and have specific quality. Therefore, the trademark registration of Qingdao Company violates the relevant provisions of Article 16 of the Trademark Law, that is, the trademark contains the geographical indication of the commodity, but the commodity does not come from the region indicated by the mark. If the trademark misleads the public, it will not be registered and prohibited from use. Welcome to contact Huanze intellectual property consulting related business!

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