CTPLO Blog

Review Decision about Trademark No. 17222901 for Rejection

CTPLO · Published on 2018-01-02 14:28:15 · 51 read Cases


The applicant applied for trademark review to the TRAB on account of disagree with the rejection on trademark “QQ截图20180102142028.jpg” (No. 17222901) made by CTMO (China Trademark Office).

The main review grounds of applicant: the applying mark has conspicuousness, and there are marks which are have similar situation with this case have registered successfully. To sum up, Applicant request the applying mark to be approved.

We believe that “瓷神”(From the literal meaning, it refers to“god of china”) be used on daily use china (consist of basins, bowls, table plates, Jugs, table utensils, Urns, carboy, caddies, pot ) would be considered as fraud, which would cause mix and misunderstanding. It’s violate Article 10 Section 1 (7) of Trademark Law.

Trademark review cases follow the principle of examine each case separately, and other cases that have previously been registered can not be a valid reason for the registration of a trademark in this case.

According to Article 30 and 34, of Trademark Law, we decide:

The register application on review goods would be rejected.

If applicant dissatisfied with the decision, he could sue to Peking IP court within 30 days from receipt of it, simultaneously submit appeal to the court or by no later than 15 days to deliberate the copy, or otherwise notify us in writing form.

 


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