Yuantouzhu is a famous Taihu Lake scenic spot, a cultural relic protection unit in Jiangsu Province, and a specific social public resource. The respondent Zhu Jiyi registered the dispute without the consent of the applicanttrademarkIn addition to "Yuantouzhu", the applicant also bid for "Taihu Yuantouzhu" "Taihu Boat Point" "Drunk Yang Cheng" and so ontrademark. The applicant, Wuxi Taihu Yuantouzhu Scenic Area Management Office, requests to declare the disputed trademark invalid in accordance with Article 44, Paragraph 1 and other provisions of the Trademark Law. The respondent failed to reply within the prescribed time limit.
Ringser's view:In this case, "Yuantouzhu" is the designated scenic spot name of Taihu Scenic spot. Zhu Jiyi, a natural person, registered the disputed trademark without the consent of the applicant without legitimacy. Its application for more than one such as "Taihu Yuantouzhu", "Taihu ship point", "drunk Yang Chengcheng" and other behaviors obviously exceed the normal production and operation needs, disturb the trademark registration management order, has a negative, negative impact on the social public interests. It is clearly pointed out in the Guide to Trademark Examination and Adjudication that a large number of applications for registration of the same or similar marks with the names of administrative divisions, mountains, rivers, scenic spots, buildings, etc. belong to "malicious trademark registration applications not for the purpose of use". So the trademark was finally declared invalid.
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