Review Decision about Trademark No. G840607“BUNGE PRO”for Rejection
Applicant: BUNGE SA
Agent: Beijing Wanhuida IP Agent Ltd
The applicant applied for trademark review to the TRAB on account of disagree with the rejection on trademark “BUNGE PRO” (No. 840607) made by CTMO (China Trademark Office).
After trial: The applicant submit a file of Trademark coexistence agreement, which is signed by the owner of cited mark No.5965085"
" and No.5965079"
", declare that they consent the applying mark be registered and used in China. The Agreement had been notarized and authorized.
We think that: In the light of applicant had submitted the Trademark coexistence agreement, declare that the owner of cited marks consent the applying mark be registered and used in China, and it had been notarized and authorized. Besides, the applying mark has some kind of difference with cited mark 1, 2, so two parties did not constitute the circumstances of Article 30 in Trademark Law.
According to Article 28, of Trademark Law, we decide:
The review for territorial extension protection in China of the applying mark designed in class 40 would be approved, and it will transfer to trademark office for further procedure.