Why Changchun Intermediate Court, Jilin High Court, State Intellectual Property Office and Beijing Intellectual Property Court came to different conclusions is incredible. I have never heard of such a ridiculous thing, and now I have encountered it. "Mr. Yang, who lives in Dongcheng, Beijing, said that he recently encountered a very strange thing - when a trademark he applied for was reviewed by the State Intellectual Property Office, different groups made completely opposite rulings.
Mr. Yang introduced that from 2015 to 2019, he worked for Ouhua Shengsen International Energy Saving and Environmental Protection Technology (Beijing) Co., Ltd. (hereinafter referred to as 'Ouhua Energy Saving') and Aodi (Beijing) International Sports Culture Co., Ltd. ( In the name of "Auodi Sports"), he applied for the "Auodi" trademark in 18 categories with the Trademark Office of the then State Administration for Industry and Commerce (hereinafter referred to as the "Trademark Office"). After obtaining the trademark registration certificate from the Trademark Office, he appeared on CCTV and Enterprise Observer and other media, hoping to build its own business territory.
But the good times did not last long. In 2019, Chengdu Diao Group filed a lawsuit with the State Intellectual Property Office (formerly Trademark Office) on the grounds of trademark infringement. The trademark was declared invalid in 17 categories, but one was declared invalid by the Trademark Review and Adjudication Committee of the State Intellectual Property Office. However, the trademarks of the categories were maintained.
The trademark that was declared invalid was registered in the name of European Energy Saving, covering categories 2, 3, 5, 9, 10, and 11. Class, Class 12, Class 25, Class 28, Class 29, Class 30, Class 32, Class 33, Class 43; and the maintained trademark is registered in the name of Austrian Sports and belongs to Class 35 Each category has a registration number, which also corresponds to a case, and each has a ruling.
Mr. Yang was dissatisfied, so he selected 14 cases from the 17 cases that had been lost and brought them to Beijing. The Municipal Intellectual Property Court upheld the original ruling, saying, “How can trademark registration be such a child’s play? We have been using these trademarks for several years. If we had known this, why did we approve them in the first place? How much loss does this bring to the company? ”
As a result, he went into conflict with the State Intellectual Property Office and the Beijing Intellectual Property Court. He did not agree with the views of these two tribunals and submitted an appeal to the Beijing Higher People’s Court, hoping that the court of second instance would grant the verdict. A fair judgment.
It took 4 years to register 18 categories of trademarks, but 17 categories were declared invalid
Mr. Yang runs two companies, one is called "Ouhua Shengsen" International Energy Conservation and Environmental Protection Technology (Beijing) Co., Ltd. (hereinafter referred to as 'European Energy Conservation')" is engaged in "technology development; technical consulting; technical services; technology transfer; sales of lubricants, fuel oil, computers, software and auxiliary equipment, and auto parts; Retailing of electronic products, mechanical equipment, chemical products (excluding hazardous chemicals), building materials, Wujinjiaodian; import and export of goods; import and export of technology; import and export agency" and other businesses, its main product is lubricants.
The other company is called Aodi (Beijing) International Sports Culture Co., Ltd. (hereinafter referred to as "Aoti Sports"), which is mainly engaged in the operation of sports projects (except for high-risk sports); organizing cultural and artistic exchanges; and undertaking exhibitions and displays. ; Technology development; graphic design and production; design, production, agency, and advertising; import and export of goods, import and export agency; conference services; sales of stationery, handicrafts, daily necessities, sporting goods (including fitness equipment), electronic products, and cosmetics , clothing, shoes and hats; selling food.
From 2015 to 2018, Mr. Yang applied for a trademark called "AOAODI" at the National Trademark Office in the name of European Energy Saving and AAOudi Sports. **Covers 18 major categories, and the approved goods or services include paint. It’s unbelievable. I have never heard of such a ridiculous thing, and now I have encountered it.” Mr. Yang, who lives in Dongcheng, Beijing, said that he recently encountered it. A very strange thing happened - when a trademark he applied for was reviewed by the State Intellectual Property Office, different groups made completely opposite rulings.
Mr. Yang introduced that from 2015 to 2019, he worked for Ouhua Shengsen International Energy Saving and Environmental Protection Technology (Beijing) Co., Ltd. (hereinafter referred to as 'Ouhua Energy Saving') and Aodi (Beijing) International Sports Culture Co., Ltd. In the name of the company (hereinafter referred to as "AOAODI Sports"), he applied for the "AOAODI" trademark in 18 categories with the Trademark Office of the then State Administration for Industry and Commerce (hereinafter referred to as the "Trademark Office"). After obtaining the trademark registration certificate from the Trademark Office, he Promote it on media such as CCTV and Enterprise Observer, hoping to build its own business territory.
But the good times did not last long. In 2019, Chengdu Diao Group applied to the State Intellectual Property Office (reorganized from the former Trademark Office) to declare the trademark invalid on the grounds of trademark infringement. As a result, the State Intellectual Property Office trademark During the deliberation of the review committee, different collegial panels gave completely different rulings. The trademark was declared invalid in 17 categories, but the trademark in one category was maintained.
The trademark that was declared invalid was registered in the name of European Energy Saving, covering categories 2, 3, 5, 9, 10, 11, 12, and Class 25, Class 28, Class 29, Class 30, Class 32, Class 33, and Class 43; and the maintained trademark is registered in the name of Aotei Sports and belongs to Class 35. Each category has a registration number, which also corresponds to a case, and each category has a ruling.
Mr. Yang was dissatisfied. He selected 14 of the 17 unsuccessful cases and sued them to the Beijing Intellectual Property Court. The result was that the original ruling was upheld, "How can trademark registration be such a child's play? These trademarks We have been using it for several years. If we had known this, why did we approve it in the first place?”
So, he argued with the State Intellectual Property Office and the Beijing Intellectual Property Court and disagreed. Based on the views of these two tribunals, they submitted an appeal to the Beijing Higher People's Court, hoping that the second instance court would give a fair judgment.
It took 4 years to register 18 categories of trademarks, but 17 categories received invalid rulings
Mr. Yang runs two companies, one is called "European Shengsen International Energy Saving and Environmental Protection Technology" (Beijing) Co., Ltd. (hereinafter referred to as 'European Energy Saving')", engaged in "technology development; technical consulting; technical services; technology transfer; sales of lubricants, fuel oil, computers, software and auxiliary equipment, auto parts; retail electronic products, Machinery and equipment, chemical products (excluding hazardous chemicals), building materials, Wujijiaodian; import and export of goods; import and export of technology; import and export agency" and other businesses, its main product is lubricating oil.
Another company is called Aodi (Beijing) International Sports Culture Co., Ltd. (hereinafter referred to as "Aoti Sports"), which is mainly engaged in the operation of sports projects (except for high-risk sports); organizing cultural and artistic exchanges ; Undertake exhibitions and displays; technology development; graphic design and production; design, production, agency, and advertising; import and export of goods, import and export agency; conference services; sales of cultural supplies, handicrafts, daily necessities, sporting goods (including fitness equipment), Electronic products, cosmetics, clothing, shoes and hats; sales of food.
From 2015 to 2018, Mr. Yang applied for a trademark called "AOAODI" at the National Trademark Office in the name of European Energy Saving and AAOudi Sports, covering 18 major categories. , the approved use of goods or services contains paint, incredible, I have never heard of such a ridiculous thing, and now I have encountered it. "Mr. Yang, who lives in Dongcheng, Beijing, said that he recently encountered a very strange thing - when a trademark he applied for was reviewed by the State Intellectual Property Office, different groups made completely opposite rulings.
Mr. Yang introduced that from 2015 to 2019, he worked for Ouhua Shengsen International Energy Saving and Environmental Protection Technology (Beijing) Co., Ltd. (hereinafter referred to as 'Ouhua Energy Saving') and Aodi (Beijing) International Sports Culture Co., Ltd. ( In the name of "AOAODI Sports"), he applied for the "AOAODI" trademark in 18 categories with the Trademark Office of the then State Administration for Industry and Commerce (hereinafter referred to as the "Trademark Office"). After obtaining the trademark registration certificate from the Trademark Office, he appeared on CCTV Carry out publicity in media such as Enterprise Observer and Newspaper, hoping to build its own business territory.
But the good times did not last long. In 2019, Chengdu Diao Group applied to the State Intellectual Property Office (reorganized from the former Trademark Office) to declare the trademark invalid on the grounds of trademark infringement. As a result, the State Intellectual Property Office trademark During the deliberation of the review committee, different collegial panels gave completely different rulings. The trademark was declared invalid in 17 categories, but the trademark in one category was maintained.
The trademark that was declared invalid was registered in the name of European Energy Saving, covering categories 2, 3, 5, 9, 10, 11, 12, and Category 25, Category 28, Category 29, Category 30, Category 32, Category 33, and Category 43; and the maintained trademark is registered in the name of Austrian Sports and belongs to Category 35. Each category has a registration number, which also corresponds to a case, and each category has a ruling.
Mr. Yang was dissatisfied. He selected 14 of the 17 unsuccessful cases and sued them to the Beijing Intellectual Property Court. The result was that the original ruling was upheld, "How can trademark registration be such a child's play? These trademarks We have been using it for several years. If we had known this, why did we approve it in the first place?”
So, he argued with the State Intellectual Property Office and the Beijing Intellectual Property Court and disagreed. Based on the views of these two tribunals, they submitted an appeal to the Beijing Higher People's Court, hoping that the second instance court would give a fair judgment.
It took 4 years to register 18 categories of trademarks, but 17 categories received invalid rulings
Mr. Yang runs two companies, one is called "European Shengsen International Energy Saving and Environmental Protection Technology" (Beijing) Co., Ltd. (hereinafter referred to as 'European Energy Saving')", engaged in "technology development; technical consulting; technical services; technology transfer; sales of lubricants, fuel oil, computers, software and auxiliary equipment, auto parts; retail electronic products, Machinery and equipment, chemical products (excluding hazardous chemicals), building materials, Wujijiaodian; import and export of goods; import and export of technology; import and export agency" and other businesses, its main product is lubricating oil.
Another company is called Aodi (Beijing) International Sports Culture Co., Ltd. (hereinafter referred to as "Aoti Sports"), which is mainly engaged in the operation of sports events (except for high-risk sports); organizing cultural and artistic exchanges ; Undertake exhibitions and displays; technology development; graphic design and production; design, production, agency, and advertising; import and export of goods, import and export agency; conference services; sales of cultural supplies, handicrafts, daily necessities, sporting goods (including fitness equipment), Electronic products, cosmetics, clothing, shoes and hats; sales of food.
From 2015 to 2018, Mr. Yang applied for a trademark called "AOAODI" at the National Trademark Office in the name of European Energy Saving and AAOudi Sports, covering 18 major categories. , the approved use of goods or services includes paint,