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Fang Tao agent Dongfeng Motor Corporation "Dongfeng Yueda KIA" trademark administrative litigation trial win

Writer:高天乐 王洋Date:2017年7月21日 11:49

Brief introduction


The Dongfeng Motor Corporation shall enjoy 110702nd cited trademark "Dongfeng" exclusive right, approved the use of goods into twelfth categories of "cars", after three times of renewal, valid until 2023. Dongfeng Yueda KIA company to apply for trademark registration on 12 May 2008 6715913rd, the trademark in question, "Dongfeng Yueda KIA" trademark for goods into twenty-first categories of "window glass (Ban Chengpin), glass, kitchen etc.". The Dongfeng Motor Corporation filed an objection to the trademark and, in the case of not being supported by the Trademark Office, continued to submit an objection review, and the Trademark Review and Adjudication Board also made a ruling on approval of registration.


Fang Tao accepted the intellectual property of Dongfeng company commissioned, sued the Beijing first intermediate people's court, after hearing the day before a court verdict, the decision to withdraw the "105901st on 6715913rd" Dongfeng Yueda KIA "trademark objection review of trademark objection ruling", designated "windows" goods shall not be registered in the old the "trademark law" article twenty-eighth.


Main reason


The procedures for trademark rights, I have two specific reasons: first, the trademark in question specified "windows" of goods, and our cited trademark approved commodity composition similar trademarks on similar goods, according to the old "trademark law" article twenty-eighth shall reject the application for registration, not to notice. Secondly, we cited trademark prior to the date of application is already objection trademark constitutes a well-known trademark, the trademark in question is registered on our cited trademark imitation, easy to mislead the public which leads to damage our interests, so in accordance with the provisions of the old "trademark law" article thirteenth paragraph second, requesting that the cited trademark as a well-known trademark. And in addition to "window glass" goods to expand protection. The Trademark Office and the commercial judge do not approve the above reasons.


Beijing intermediate people's court partially adopted our proposed views, namely the cited trademark has been identified as well-known trademarks, well-known trademark is filed, the complete contain, easy to cause the relevant public confusion, so a similar trademark; on the other, the "window" and "car" commodity goods has a strong correlation a similar goods.


Thinking in this case


The most critical reason for this case stems from the similar provisions of the twenty-eighth trademark law of the trademark law. Although the disputed trademark "Dongfeng Yueda KIA" registered "windows" and other commodities, registered with the cited trademark "Dongfeng" "car" category of goods is not the same, but the existence of the relationship between more closely to apply for the registration of the goods but. Therefore, a similar grasp of the goods should not be mechanically adhere to the nice classification table, but should be more concerned about the relevant public relations between commodities, and then dynamic grasp.


Secondly, although the cited trademark constitutes a well-known trademark of our point of view has not been recognized, but we confirm the well-known trademark is a kind of state of fact "case," that is not a once and for all the honorary title appraisal. To judge whether the trademark is still well-known is still the link of the case in the specific case. The implementation of the new "trademark law", is helpful to the analysis of the problems of the well-known trademark should be to grasp the dynamic vision, a comprehensive system of evidence collection work.

TypeInfo: Business News

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