国产 欧美 亚洲 中文字幕-国产午夜成人精品视频app-国产区精品系列在线观看-在线视+欧美+亚洲日本-丰满熟妇乱又伦在线无码视频

Unitalen Client Dekor Group Won the Well-known Trademark Administrative Litigation of First Instance Concerning Invalidation of a 5-Year-Old Trademark

November 25, 2020

Recently, Unitalen helped our client Dekor won an administrative litigation case before the Beijing IP Court, concerning the invalidation of the "濟象" (pronounced as “Jixiang”) trademark (the "disputed trademark") registered in Class 19 for "wood floor" goods.

Case Summary:

Dekor Group, the plaintiff, is the prior right holder of “圣象”(pronounced as “Shengxiang”) as both trademark and business name, and enjoys the exclusive right to use the registered trademark in Class 19 for "flooring" goods. Their "圣象" brand has been recognized as a well-known trademark in China many times since 2005.

The disputed trademark also registered in Class 19 in this case was filed on May 13, 2010 for “wood, plywood, floor wood, veneer, plywood, flooring, wood pulp board for construction, fiberboard, resin composite board, wood floor” and other goods, and approved for registration on May 14, 2011. The registrant of the disputed trademark first added the "wood floor" item by changing the business scope of the company, and then carried out trademark infringement through the locally registered affiliated company with business name as "圣象" (“Shengxiang”).

In July 2019, Dekor Group filed a trademark invalidation request against the disputed trademark with the Trademark Office, which, however, was ruled to maintain the registration of the disputed trademark on May 30. Dekor Group thus entrusted Unitalen to the administrative lawsuit for invalidation of the case.

Court’s Ruling:

The collegiate panel supported Dekor’s proposition based on the second paragraph of Article 13 and the second paragraph of Article 41 of the 2001 Trademark Law and held that:

1. The Dekor Group was established in 2002. After the continuous use of the “圣象" wooden floor and the publicity it has obtained, the "圣象" trademark has constituted well-known trademark for use on “flooring, wood floor” goods prior to the application for the registration of the disputed trademark in 2010.

2. Although the disputed trademark has been registered for more than five years, its registration can be considered as the act out of “bad faith” through the actual use in production and sales, as well as the related trademark infringement cases conducted by the registrant of the disputed trademark and its affiliated companies, as the operators in the same industry.

3. The "flooring, wood floor" and other goods approved for use by the disputed trademark has overlapped with the goods approved for use by the plaintiff’s cited trademark. The registration and use of the disputed trademark on these goods can easily mislead the relevant public and cause harm on the interests of the well-known trademark registrant.

Therefore, the court found that the application for registration of the disputed trademark on the "flooring, wood floor" goods has infringed on the Dekor’s well-known trademark right in violation of the provisions of Paragraph 2 of Article 13, paragraph 2 of the Trademark Law.

Typical Significance:

This case is a typical civil case for trademark cross protection. Unitalen lawyers have done sufficient proving in regard to the clause of "the owner of a well-known trademark is not subject to a five-year time limit for maliciously registered trademarks", which focused on demonstrating the fact that the plaintiff’s trademark has constituted well-known trademark and the malicious behavior of the registrant of the disputed trademark constituted in actual use. The Beijing IP Court of the first instance ruled the victory of this case, based on the judicial guidelines of the Supreme People’s Court in relevant cases, applying the provisions of Paragraph 2 Article 13 of the 2001 Trademark Law.

 

Keywords

主站蜘蛛池模板: 无码中文字幕人妻在线一区| 成熟丰满熟妇xxxxx丰满| 久久99国产精品成人| 亚洲成色在线综合网站| 国产成人精品久久一区二区| 国产毛片久久久久久国产毛片| 午夜免费啪视频| 男人扒开添女人下部免费视频| 久久伊人色av天堂九九| 国产精品992tv在线观看| 上海少妇高潮狂叫喷水了| 蜜桃视频一区二区在线观看 | 久久久久中文伊人久久久| 国产成人艳妇aa视频在线| 国产精品毛片| 人妻耻辱中文字幕在线bd| 奇米777四色精品综合影院| 青春草在线视频观看| 亚洲成av人片在线观看麦芽| 无码午夜福利视频一区| 性欧美老肥妇喷水| 久视频精品线在线观看| 色情一区二区三区免费看| 老外和中国女人毛片免费视频| 国产精品亚洲а∨天堂网不卡| 久久综合九色综合欧美就去吻| 亚洲精品无码你懂的网站| 黑人巨大白妞出浆| 精品三级av无码一区| 国语对白做受xxxxx在线| 欧美老肥熟妇多毛xxxxx| 99久久精品国产自在首页| 国产久热精品无码激情| 国产精品宾馆在线精品酒店 | 国产精品无码成人午夜电影| 亚洲欧美成人a∨观看| 欧美熟妇性xxxx交潮喷| 日本久久久久亚洲中字幕| 国产精品美女久久久9999| 国产精自产拍久久久久久蜜 | 九九精品99久久久香蕉|