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Company A operates a little lamb hot-pot catering service and reported to the country on December 14, 1999.

Company A operates Little Sheep Shabu Shabu catering services. On December 14, 1999, Company A applied to the State Trademark Office to register the word trademark "Little Sheep" (category 42 catering services). The Trademark Office directly expressed the service content with this trademark. The registration application was rejected on the grounds of characteristics and characteristics. Company B operates Little Sheep barbecue catering services and applied for registration of the trademark "Little Sheep and Pictures" (category 42 catering services) on October 23, 2000. The Trademark Office reviewed and determined that "Little Sheep" directly represented the content and characteristics of the service and requested that "Little Sheep" be deleted. "Little Sheep" text. After Company B deleted the text as required, it was approved to register the Little Sheep graphic trademark.

After five years of development, Company A’s chain stores across the country have increased rapidly and its popularity has become higher and higher. So on December 18, 2004, Company A once again applied to the Trademark Office to register the “Little Sheep and Picture” trademark. (Category 42 catering services), the application will be announced after preliminary review. Company B filed an objection to the registered trademark with the Trademark Office, citing the reason why the Trademark Office rejected its "Little Sheep" word trademark that year. The Trademark Office believed that Company A’s trademark use of the words “Little Sheep” for many years made the words distinctive, and ruled to reject Company B’s objection application.

Please answer: (1) Combined with the distinctiveness requirements of the trademark, analyze the reasons why the Trademark Office rejected Company B’s objection application.

(2) If Company B is dissatisfied with the Trademark Office’s rejection decision, what legal measures can it take?

View answer analysis Correct answer (1) The key to identifying the distinctive features of a trademark is to grasp the uniqueness or iconicity of the trademark. Regardless of whether the words, graphics or combinations that make up a trademark are traditional or simplified, as long as it has certain characteristics that are enough to distinguish it from other goods and to distinguish the different sources of the goods, it should be deemed to have distinctive features. If a sign that lacks distinctive features acquires distinctive features through use and is easy to identify, it can be registered as a trademark. Although Company A’s “Little Sheep and Picture” lack distinctive features, due to Company A’s development, “Little Sheep” is distinctive and can be registered as a trademark.

(2) Company B can apply to the Trademark Review and Adjudication Board for review within 15 days from the date of receipt of the notice. The Trademark Review and Adjudication Board will make a ruling and notify the opponent and the opposed party in writing. If you are dissatisfied with the Trademark Review and Adjudication Board's ruling, you may file a lawsuit with the People's Court within 30 days from the date of receipt of the notice.

Answer analysis

Knowledge points of this question: acquisition, ownership and termination of trademark rights,