Brand Rights Are Effective

< p > it is reported that the objection trademark is Rooster graphic trademark, which is registered in Jinjiang by the "a target=" _blank "href=" //www.sjfzxm.com/ "shoes" /a "Clothing Co., Ltd. (hereinafter referred to as" Mok "company) in September 2006, and is designated for use on eighteenth kinds of walking sticks and other commodities.

After a preliminary examination by the Trademark Office of the State Administration for Industry and commerce, it was considered that the application for registration of the 3288995th figure trademark and the Trademark No. 4108364 of the eighteenth category of Peso products and the Trademark No. 4108364 were similar to that of the company's dissant company in August 2002, so the trademark application was rejected by the trademark office.

Subsequently, the Golden Rooster company submitted an application for review to the business jury.

After the trial, the Business Committee held that the disputed trademark was not similar to the trademark cited in the case, and in July 2009, it made a rejection decision.

In March 2012, the objection trademark was approved and pferred to Jinji company.

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After P, the dissant company also put forward a trademark objection review to the commercial jury, for the main reasons: first, a number of citations were registered on the eighteenth categories of commodities, making its brand more comprehensive protection on the goods.

The disputed trademark and the citation mark are similar to the visual effect and the form of expression. As early as in the previous civil cases involving both sides, the trademark of both parties has been identified as an approximate trademark.

The commodities designated and used by the disputed trademarks belong to similar commodities, and the trademarks of both parties constitute similar trademarks used on similar commodities.

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< p > in the process of case hearing, < a href= "http://sjfzxm.com/news/index_x.asp > > Jinji company < /a > has tried to explain the rationality of the disputed trademark registration on the basis of its twenty-fifth kinds of trademarks, which are the same as the disputed trademark.

However, the company disagreed with the company and pointed out that the registration of a number of trademarks with the same trademark on the twenty-fifth kinds of commodities by Jinji company has obvious intention of "free riding". It is an improper act of imitation and rush to Mark trademarks. The act violates the principle of good faith and has serious adverse effects.

In summary, the company of dissant company asked the business jury to decide not to approve the registration of the objection trademark.

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According to the trial of the P judges, according to the relevant materials, the trademark of dissant company of the company has been known for a long time before the application for objection trademark.

Disputed trademarks and several approved trademarks are identical or similar in terms of production materials, consumer objects, sales channels and so on. They belong to the same or similar commodities. In addition, the cited trademarks have a certain reputation. When the disputed trademarks and the cited trademarks are used together on the same or similar commodities, the relevant public may cause confusion and misidentification of the source of the goods. Therefore, the disputed trademarks constitute similar trademarks on the same or similar commodities stipulated by the trademark law.

In conclusion, the judges made the ruling that the company was not authorized to register the objection trademark.

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< p > it is understood that this case is one of the trademark objection retrial cases in a series of activist actions by the company of dissant company.

Prior to that, the company had applied for objection review to a certain "a" target= "_blank" href= "//www.sjfzxm.com/" > clothing < /a > in the twenty-fifth category of Registered Trademark No. 5083058th and figure 55877080 graphic trademark. At present, the Shang jury has made a ruling on the two trademark disputes that have not been approved for registration.

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