A company's preemptive registration of the "Huawei Automobile Trademark" was rejected. The reason for the rejection was that it violated the provisions of Articles 4 and 30 of the Trademark Law. 1. Non-Huawei companies applied for the Huawei Auto trademark
From 2018 to 2019, Hunan Shijing Optoelectronics Technology Co., Ltd. and Qianhai Pepsi Carong (Shenzhen) Information Services Co., Ltd. successively registered the "Huawei Auto" trademark. , but recently, both trademarks were rejected and the applications were declared invalid.
The reason for rejection is that Huawei has already registered relevant trademarks. In March 2019, Huawei Technologies Co., Ltd. filed an application for trademark registration of "Huawei Car Key" and was approved. This means that Huawei Car Key has been successfully registered and is internationally classified as "Category 9 Scientific Instruments" and "Category 12 Transportation Vehicles". ?2. Basis for rejection
According to my country’s Trademark Law:
Article 4: Natural persons, legal persons or other organizations need to obtain trademarks for their goods or services during production and business activities. If you have the exclusive right to use a trademark, you must apply for trademark registration with the Trademark Office. Bad-faith trademark registration applications that are not intended for use shall be rejected.
Article 30 If a trademark applied for registration does not comply with the relevant provisions of this Law or is identical or similar to a trademark that has been registered or preliminarily approved by others on the same or similar goods, the Trademark Office shall The application is rejected and no announcement will be made.
The "Huawei Car" trademark registered by the above two companies is not for the purpose of use, and it has the same or similar parts with Huawei's "Huawei Car Key" trademark. Therefore, this time The rejection is reasonable and legal. 3. Rejection does not mean that the decision will take effect
For this rejection, the above two companies can sue to the People's Court if they are dissatisfied. Rejection does not mean that the decision will take effect immediately. Because according to the provisions of the Trademark Law, within the statutory period, if a party is dissatisfied with the Trademark Office’s decision to reject an application, disapprove registration, or the Trademark Review and Adjudication Board’s review decision, it may file a lawsuit with the People’s Court. ?
If the applicant does not file a lawsuit with the People's Court, the decision to reject the application, deny registration or review decision will take effect. ?
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