Luckin's application for the trademark of "Little Deer Tea" encountered obstacles; Xiaomi failed to lay out its "Xiao Ai Classmate" trademark on jewelry products. May 8th Application58"Education and training" trademark refuted... abovetrademarkIn the case of rejection review, the reasons for rejection all involve the problem that the trademark is similar to others.
Many cases show that in order to break through the barriers of prior rights, some applicants try to use combination strategies. On the one hand, they reach coexistence, transfer agreement with the prior trademark right holder, or oppositestrademarkFiling an application for cancellation or a request for invalidation; On the other hand, for the rejection of the review decision to continue the first instance, second instance or even retrial procedures, and in the lawsuit to request the suspension of the trial, waiting for the change of the prior trademark rights status or directly eliminate the prior obstacles. Nevertheless, the practice is still a few happy several sad. In the case of trademark rejection review, can the suspended hearing become the applicant's "killer app" on the way to smooth trademark registration? How should applicants make flexible choices and reduce unnecessary costs
Ringser's view:Luckin's application for the trademark of "Little Deer Tea" encountered obstacles; "Xiaomi" failed to lay out the trademark "Xiao Ai Classmate" on the jewelry products, and so on. To solve such trademark registration problems, it is necessary to break through the barriers of prior rights. Some applicants try to use combination strategies. On the other hand, for the rejection of the review decision to continue the first instance, second instance or even retrial procedures, and in the lawsuit to request the suspension of the trial, waiting for the change of the prior trademark rights status or directly eliminate the prior obstacles. In practice, administrative departments and courts generally consider factors such as the certainty of the cause of suspension and the length of time required. If the cause of waiting is determined and the waiting time is not long, they tend to support the suspension of the hearing in practice. Enterprises need to be flexible and can solve problems through exchange transactions and other ways. Sometimes, they insist on solving problems through procedures, which may cost more. For example, since the intention of transfer has been reached in the trademark case of "Little Deer Tea", it can be resolved by cancelling the prior trademark, saving time and money and eliminating the obstacles of prior rights. If you need more information about the trademark, please contact the consultants.
CycloseThe company is committed to providing corporate audit, tax declaration, registration, annual inspection, tax planning, intellectual property and other services for domestic and foreign customers in Hong Kong, Singapore, Dubai and other regions. Efficient, rigorous, intimate service has been favored by many private enterprises, listed companies and large state-owned enterprises.