Mengchuyuan trademark is valid.
The following is the information about the process of registration and acceptance of the "Mengchuyuan" trademark:
1. On March 26th, 21, Yuanfu applied for the "Mengchuyuan" trademark;
2. On January 2th, 211, the trademark of "Mengchuyuan" passed the first trial, and the trademark entered a three-month announcement period;
3. On August 11th, 211, the Trademark Office of the State Administration for Industry and Commerce sent a notice of objection, and Hohhot Tianmeihua Dairy Food Co., Ltd. raised an objection to the trademark;
4. On September 6th, 211, Yuanfu filed an application for trademark objection defense of Mengchuyuan;
5. On August 21, 212, the State Trademark Office made an objection ruling, and the trademark "Mengchuyuan" was approved for registration.
6. On October 1th, 212, the State Trademark Office issued the trademark registration certificate of "Meng Chuyuan".
Extended information:
On the invalidation of a registered trademark in the Trademark Law of the People's Republic of China:
Article 44 stipulates that if a registered trademark violates the provisions of Articles 1, 11 and 12 of this Law, or is registered by deception or other improper means, the Trademark Office shall declare the registered trademark invalid; Other units or individuals may request the Trademark Review and Adjudication Board to declare the registered trademark invalid.
when the trademark office makes a decision to declare a registered trademark invalid, it shall notify the parties concerned in writing. If a party refuses to accept the decision of the Trademark Office, he may apply to the Trademark Review and Adjudication Board for reexamination within 15 days from the date of receiving the notice. The Trademark Review and Adjudication Board shall make a decision within nine months from the date of receiving the application and notify the parties in writing.
if there are special circumstances that need to be extended, it can be extended for three months with the approval of the administrative department for industry and commerce of the State Council. If a party refuses to accept the decision of the Trademark Review and Adjudication Board, he may bring a suit in a people's court within 3 days from the date of receiving the notice.
if any other entity or individual requests the Trademark Review and Adjudication Board to declare a registered trademark invalid, the Trademark Review and Adjudication Board shall, after receiving the application, notify the relevant parties in writing and file a reply within a time limit. The Trademark Review and Adjudication Board shall, within nine months from the date of receiving the application, make an order to maintain the registered trademark or declare it invalid, and notify the parties concerned in writing.
if there are special circumstances that need to be extended, it can be extended for three months with the approval of the administrative department for industry and commerce of the State Council. If a party refuses to accept the ruling of the Trademark Review and Adjudication Board, he may bring a suit in a people's court within 3 days from the date of receiving the notice. The people's court shall notify the other party to the trademark adjudication procedure to participate in the proceedings as a third party.
article 45 stipulates that if a registered trademark violates the provisions of paragraphs 2 and 3 of article 13, paragraph 1 of article 15, article 3, article 31 and article 32 of this law, the prior obligee or interested party may request the trademark review and adjudication board to declare the registered trademark invalid within five years from the date of trademark registration. For malicious registration, the owner of a well-known trademark is not subject to a five-year time limit.
after receiving an application to declare a registered trademark invalid, the Trademark Review and Adjudication Board shall notify the parties concerned in writing and file a reply within a time limit. The Trademark Review and Adjudication Board shall, within 12 months from the date of receiving the application, make an order to maintain the registered trademark or declare it invalid, and notify the parties concerned in writing.
in case of special circumstances, the extension may be extended for six months with the approval of the administrative department for industry and commerce of the State Council. If a party refuses to accept the ruling of the Trademark Review and Adjudication Board, he may bring a suit in a people's court within 3 days from the date of receiving the notice. The people's court shall notify the other party to the trademark adjudication procedure to participate in the proceedings as a third party.
in the process of examining the request for invalidation in accordance with the provisions of the preceding paragraph, the Trademark Review and Adjudication Board may suspend the examination if the determination of the prior rights involved must be based on the result of another case being tried by the people's court or being handled by the administrative organ. After the reasons for suspension are eliminated, the review procedure shall be resumed.
article 46 stipulates that if, at the expiration of the statutory time limit, the parties concerned do not apply for reexamination of the trademark office's decision to declare a registered trademark invalid, or do not bring a suit in a people's court on the reexamination decision of the trademark review and adjudication board, the decision of the trademark office or the reexamination decision or ruling of the trademark review and adjudication board will take effect.
article 47 stipulates that a registered trademark that has been declared invalid in accordance with the provisions of articles 44 and 45 of this law shall be announced by the trademark office, and the exclusive right to use the registered trademark shall be regarded as nonexistent from the beginning.
the decision or ruling declaring a registered trademark invalid has no retrospective effect on the judgment, ruling, conciliation statement of trademark infringement cases made and executed by the people's court before the invalidation, the decision on handling trademark infringement cases made and executed by the administrative department for industry and commerce, and the trademark transfer or use license contract executed. However, the losses caused to others by the malice of the trademark registrant shall be compensated.
if the trademark infringement compensation, trademark transfer fee and trademark use fee are not returned in accordance with the provisions of the preceding paragraph, which obviously violates the principle of fairness, they shall be returned in whole or in part.
Reference:
Baidu Encyclopedia-Trademark Law of the People's Republic of China