Review Decision about Trademark No. 19019115 for Rejection

CTPLO · Published on 2018-01-08 10:49:56 · 113 read Cases

Applicant: Mengyin Mengshan Hejia Food Company

Agent: Shandong Weicheng IP Service Ltd

The applicant applied for trademark review to the TRAB on account of disagree with the rejection on trademarkQQ截图20180108101525.jpg” (No. 19019115) made by CTMO (China Trademark Office).

The main review reasons of applicant: The applying mark totally comply with the provisions of the Trademark Law. And it will not cause misunderstanding. Through daily use and propaganda, the mark already had good reputation and built a stable connection with applicant. To sum up, applicant request to give the mark permission to register.

Applicant provide following evidence to us(copies): 1.Certificate of Famous mark; 2 Relative trademark file information; 3.Prior similar cases and decisions.

We believe that part of the mark “光棍鸡”(it means bachelor chicken)designated use in meat, canned meat, etc will cause mislead on the source of products, which is can’t be registered as a trademark. This circumstances already violate the Article 10 section 7 of Trademark Law. Those evidence still not enough to prove its applicable nature.

According to Article 10 section 7 and 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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