Applicant: Xindongyang Co., Ltd.

Author: Beijing Andu Intellectual Property Agency Co., Ltd.

The applicant filed a lawsuit for No. 18485214 "Xindongyang" "The trademark (hereinafter referred to as the applied trademark) was dissatisfied with the rejection decision of the Trademark Office and applied to our committee for review.

The main reason for applying for reexamination: The trademark No. 7056530 "Xin Dongyang" cited by the Trademark Office (hereinafter referred to as the cited trademark) has been revoked by the Trademark Office in accordance with the law due to non-use for three consecutive years. The applied trademark will have a high reputation through use and publicity. "Dongyang" in the applied trademark has other meanings, and it is also the applicant's corporate name. There are precedents for trademark registration under similar circumstances. In summary, it is requested that the application for registration of the trademark applied for on the reviewed goods be initially reviewed and approved.

The applicant submitted the following main evidence to our committee: trademark query list, trademark registration information, applicant profile and website information, honors and certifications received, information on charity and public welfare activities participated in, and use publicity Information, media reports, company change information, relevant court information, decision letters and rulings on separate cases, etc.

After trial, it was found that: by the time this case was concluded, the cited trademark had been revoked by the Trademark Office due to non-use for three consecutive years, and the cancellation decision had taken effect.

Our committee believes that since the cited trademark has expired, there is no conflict of rights between the applied trademark and the cited trademark.

The applied trademark consists of the traditional Chinese character "Xin Dongyang", which as a whole has formed a new meaning that is different from "Dongyang" as an administrative division at or above the county level, and does not constitute a trademark under the Trademark Law of the People's Republic of China and the People's Republic of China. 》The situation referred to in paragraph 2 of Article 10.

In accordance with the provisions of Article 28 of the "Trademark Law of the People's Republic of China", our committee has decided as follows:

The application for registration of the trademark on the reviewed goods will be preliminary After review and approval, our committee will hand it over to the Trademark Office for handling related matters

Related recommendations: How to prevent trademark reexamination cancellation due to false defenses

The time for trademark reexamination review application is calculated from the date of receipt

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