I am the applicant for trademark application number 5828637 Oriental Beauty. My trademark was rejected in August 2009. At that time, I didn’t know that there was a similar brand with the same name as me, Dongfangmei (registration number 786942), which expired on October 27, 2005 and was not renewed, and no review was filed. Because this trademark was not listed on the China Trademark Network. If you can't find it, you need to use professional trademark search software to find it. It stands to reason that trademark reviewers should be able to see this trademark. The first step in trademark review is to look at similar products with the same name. This is an obvious oversight.

Rejected cited trademarks: registration number 126955 Dongfang 1743488 Dongfang 2021611 Dongfang 3097783 east539374 Dongfang 808882 Dongfang and the registration number 786942 Dongfangmei are valid in overlapping periods, and the 786942 Dongfangmei application category is almost fully covered! According to Article 50 of the Trademark Law, none of the above can be used as a reason to reject my application.

Similarly, there is 5591057east behind, which is also untenable. Now the same registration number as me is 12839264 Dongfangmei, which was successfully registered on August 21, 2015 without review. The interval between the two Dongfangmei registered trademarks is ten years and two months. My application with the same name is somewhere in the middle. It does not violate Article 50 of the Trademark Law. The application categories are almost similar. The latecomer got the registration certificate without review. Applying first is invalid; it doesn’t make sense in terms of law and reason! What should I do in this situation?

Hello, regarding the above matters, please consult the relevant departments of the Trademark Office. The consultation telephone number of the Trademark Office is: 010-63219616.