1. When applying for territorial extension protection, attention should be paid to the first-to-file principle. In this case, the "liabel" trademark was used first for goods in Class 25. If the trademark applied for registration is similar to a trademark already registered by others on the same or similar goods, the Trademark Office will definitely reject the application and not publish it. 2. What is trademark similarity? Similar trademarks refer to similar fonts, pronunciations, and meanings of trademark words, similar composition, color, and appearance of trademark graphics, or similar overall arrangement and appearance of the combination of words and graphics, and are easy to use when used on the same or similar goods or services. The relevant public misunderstands the source of goods or services. 3. How to protect trademarks? There are two ways to register an international trademark as stipulated in Article 21 of the Trademark Law. One is to register on a country-by-country basis, that is, apply to the trademark authorities of each country for registration, and the other is to register an international trademark in Madrid. That is, trademark registration is carried out between member states of the Union in accordance with the provisions of the Madrid Agreement. China also joined the Madrid Agreement in 1989. The application for territorial extension protection of the "LIABEL SAN" trademark registered in 1990 in China is valid. However, Liabel Company believes that "LIABEL" is an extended trademark of "LIABEL SAN" without any basis. be recognized.

Article 43 of Chapter 5 of the "Regulations on the Implementation of the Trademark Law" stipulates that applicants who designate territorial extension in China require the protection of three-dimensional marks, color combinations, and sound marks as trademarks or require the protection of collective trademarks , certification trademark, within 3 months from the date of registration of the trademark in the International Register of the International Bureau, the relevant materials specified in Article 13 of these Regulations shall be submitted to the Trademark Office through the trademark agency established in accordance with the law. If relevant materials are not submitted within the above time limit, the Trademark Office will reject the application for territorial extension. Article 45 stipulates that for an application for territorial extension designating China, within 3 months from the 1st of the month following the publication of the World Intellectual Property Organization's "International Trademark Announcement", the opponent who meets the conditions specified in Article 33 of the Trademark Law shall An opposition application can be filed with the Trademark Office. For applications for territorial extension to China, the China Trademark Office will review the application in accordance with the Trademark Law. If the registration is fully approved, an approval protection statement will be sent to the International Bureau of the World Intellectual Property Organization; if it is partially or completely rejected, an approval protection statement will be sent to the International Bureau. Send a rejection notice.

4. The relevant objection to a registered trademark is not a legal reason for the Trademark Review and Adjudication Board to suspend the reexamination. The Trademark Law stipulates that if a registered trademark infringes upon the prior rights of others, the trademark owner or interested party may request the Trademark Review and Adjudication Board to cancel the registered trademark within five years from the date of trademark registration. However, this is not a legal reason for the Trademark Review and Adjudication Board to suspend the hearing of the rejection review case. Therefore, in this case, the cited trademark 2 is still a legal and valid previously applied trademark. The court’s judgment on the “LIABEL” trademark was not inappropriate.