With the development of The Times, trademarks are becoming more and more important for enterprises and operators. Goods enter the market, no trademark is very easy to infringe others brand lawsuits, second, fame and then want to protect it is likely to be too late, or is someone else early to register or no way to register, facing the embarrassing situation of changing its name as the old saying goes, first start strong, then start to suffer. Here is a small case to share with you.
Decision to grant registration of the trademark 44279690 "Resourceful"
Dissident: China Central Television
Objectee: Beijing Tact Culture Media Group Co., LTD
The opposing party CCTV raised an objection to the trademark of Beijing Twitching Culture Media Group Co., Ltd. which was preliminarily approved by the Bureau and published in the 1717 issue of Trademark Announcement No. 44279690, and the Bureau will accept it in accordance with the relevant provisions of the Trademark Law. The person opposed fails to make a defense within the prescribed time limit.
Based on the reasons and facts stated by the parties, upon examination, we find that:
The contested trademark is "resourceful", designated for use in Class 35 "Sale display Stand rental" services. The opposition cited that the previously registered trademarks No. 25907299 and No. 25907298 "Smart Man and Picture" were respectively approved for use in Category 38 "Broadcast of pay TV programs; Television broadcast ", Category 41 "Video distribution" and other services. There are significant differences between the services designated by the opposed trademark and the services approved by the opponent in terms of service content, service mode and service object, and they are not similar services. If they are used together, they should not cause confusion and misrecognition among the relevant public. Therefore, the trademarks of both parties do not constitute similar trademarks used in similar services.
In this case, the opponent claimed that its "witted" trademark was granted expanded protection in accordance with Article 13 of the Trademark Law, but the opponent failed to provide sufficient evidence, so the above reasons are not supported by the Bureau.
The opponent claimed that the registered use of the opposed trademark violated the name right of the previous column of "Resourceful", but after investigation, the application date of "Resourceful" trademark No. 23864169 held by the opponent was earlier than the broadcast time of the opponent's "Resourceful" column. The evidence provided by the Opposing party cannot prove that the Opposing Party's "Resourceful" column had a high reputation before the date of application for the trademark "Resourceful" No. 23864,169. The opposed trademark and No. 23864169 "Resourceful" trademark in the text composition is exactly the same, it is difficult for our bureau to find that the opponent's application for registration of the opposed trademark is improper use of the name of the dissident column name, so the objection of the above reasons we do not support.
The opponent claimed that the opponent violated the principle of good faith, maliciously copied and plagiarized its trademark and squatted the name of its famous program and other evidence is insufficient. The objector also claims that the registration and use of the objectionable trademark is likely to cause the public to misrecognize the characteristics or sources of the quality of the service and cause adverse social impact.
In accordance with the provisions of Article 35 of the Trademark Law, the Bureau decided: No. 44279690 "smart" trademark is approved for registration.
According to Article 35 of the Trademark Law, if the objecting party is not satisfied with this decision, it may request the State Intellectual Property Office to declare the registered trademark invalid in accordance with Articles 44 and 45 of the Trademark Law.
March 24, 2022
Case revelation
It can be seen in the case that the importance of the trademark application in advance, although the trademark is registered, the state has corresponding remedial measures, through objections, invalidation and other means to save, but these need to spend a lot of time, money and energy, and the final result may not be able to meet their expectations, so it is still recommended that the trademark can be registered early do not drag, is the so-called "market has not moved," Trademark first ".
Expertise sharing
(1) having only the generic name, pattern or model of the commodity;
(2) directly expressing the quality, main raw materials, functions, uses, weight, quantity or other characteristics of the commodity;
(3) those lacking other distinctive characteristics.
The marks listed in the preceding paragraph may be registered as trademarks if they have acquired distinctive features through use and are easy to identify.
Source: IP community
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