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被美的提出商标异议一案

被美的提出商标异议一案

The State Intellectual Property Office's "Notice of Defense for Trademark Invalidity Declaration" mentioned that according to the "Regulations on the Implementation of the Trademark Law of the People's Republic of China" :

Article 58

After accepting a trademark review application, the Trademark Review and Adjudication Board shall promptly send a copy of the application to the other party, who shall respond within 30 days from the date of receipt of the copy of the application. Failure to respond within the expiration of the time limit shall not affect the Trademark Review and Adjudication Board's review.

Article 59

If the party needs to supplement relevant evidence materials after filing an application for review or defense, it shall state this in the application or defense , and submit it within 3 months from the date of submission of the application or defense; if it is not submitted within the time limit, it shall be deemed to be Give up supplementing relevant evidence materials. However, if the evidence is generated after the expiration of the period or the party fails to submit it before the expiration of the period due to other legitimate reasons, and it is submitted after the expiration of the period, the Trademark Review and Adjudication Board may accept the evidence after submitting it to the other party and cross-examining it.

In the Trademark Review and Adjudication Rules :

Article 21, paragraph 1

If there is a respondent to the review application, the Trademark Review and Adjudication Board shall promptly serve a copy of the application and relevant evidence materials to the respondent after accepting the application. The respondent shall submit a defense letter and its copy to the Trademark Review and Adjudication Board within thirty days from the date of receipt of the application materials; failure to respond within the prescribed time limit will not affect the Trademark Review and Adjudication Board's review.

Article 23

If the party needs to supplement relevant evidence materials after filing an application for review or defense, it shall state it in the application or defense , and submit it all at once within three months from the date of submission of the application or defense; If stated in the letter or not submitted within the time limit, supplementary evidence materials will be deemed to have been waived. However, if the evidence is generated after the expiration of the period or the party fails to submit it before the expiration of the period due to other legitimate reasons, and it is submitted after the expiration of the period, the Trademark Review and Adjudication Board may accept the evidence after submitting it to the other party and cross-examining it.
If there is an opposing party to the evidence materials provided by a party within the statutory time limit, the Trademark Review and Adjudication Board shall serve a copy of the evidence materials to the other party. The party concerned shall conduct cross-examination within thirty days from the date of receipt of copies of evidence materials.

Our trademark information:

Trademark: Graphic Category: 45

Similar groups: 4502; 4503; 4504; 4505

Preliminary review announcement date: November 6, 2016

Registration announcement date: March 7, 2017

Exclusive right period: February 7, 2017 to February 06, 2027

Goods/Services: Babysitting; housesitting; housekeeping services; pet care; social companionship; clothing rental; funeral services; wedding planning and arrangement services; befriending services; lost and found.

Agent/handling agency: Beijing Guotong Intellectual Property Agency Co., Ltd.

Ideas for writing a defense letter:

According to Article 44 of the Trademark Law of the People's Republic of China :

If a registered trademark violates the provisions of Article 4, Article 10, Article 11, Article 12, or Article 19, Paragraph 4 of this Law, or the registration is obtained by deception or other unfair means, The Trademark Office shall declare the registered trademark invalid; other units or individuals may request the Trademark Review and Adjudication Board to declare the registered trademark invalid.

Article 4

If a natural person, legal person or other organization needs to obtain the exclusive right to use a trademark for its goods or services during production and business activities, it shall apply for trademark registration with the Trademark Office. Bad-faith trademark registration applications that are not intended for use shall be rejected.

The provisions of this Law regarding commodity trademarks shall apply to service trademarks.

Article 10 The following signs shall not be used as trademarks:

(1) Identical or similar to the country name, national flag, national emblem, national anthem, military flag, military emblem, military anthem, medals, etc. of the People's Republic of China, as well as the name, logo of the central state agency, the name of a specific location or landmark building The names and figures of the objects are the same;
(2) Identical or similar to the country name, national flag, national emblem, military flag, etc. of a foreign country, except with the consent of the government of that country;
(3) Identical or similar to the name, flag, emblem, etc. of an intergovernmental international organization, except with the consent of the organization or if it is not likely to mislead the public;
(4) Is the same as or similar to the official mark or inspection mark indicating the implementation of control and guarantee, except for authorized ones;
(5) The name or symbol is the same as or similar to the "Red Cross" or "Red Crescent";
(6) Ethnically discriminatory;
(7) It is deceptive and may easily cause the public to misunderstand the quality and other characteristics of the product or its origin;
(8) Harmful to socialist morals or have other adverse effects.
Article 11 The following signs shall not be registered as trademarks:
(1) Only the common name, graphics and model of the product;
(2) Only directly express the quality, main raw materials, functions, uses, weight, quantity and other characteristics of the goods;
(3) Others lacking distinctive features.
If the signs listed in the preceding paragraph acquire distinctive features through use and are easy to identify, they may be registered as trademarks.
Article 12 If a trademark is applied for registration as a three-dimensional mark, the shape resulting only from the nature of the goods themselves, the shape of the goods required to obtain technical effects, or the shape that makes the goods have substantial value shall not be registered.

Article 19 A trademark agency shall abide by the principle of good faith, abide by laws and administrative regulations, and handle trademark registration applications or other trademark matters as entrusted by the agent; it shall be responsible for the agent's business secrets learned during the agency process. Confidentiality.

If the trademark applied for registration by the client may be prohibited from registration under this Law, the trademark agency shall clearly inform the client.

If a trademark agency knows or should know that the trademark applied for registration by the client falls under the circumstances specified in Articles 4, 15 and 32 of this Law, it shall not accept its entrustment.

In addition to applying for trademark registration for its agency services, a trademark agency shall not apply for registration of other trademarks.

Reasons for trademark invalidation:
1. A registered trademark is found to have violated the necessary registration conditions of the Trademark Law of the People's Republic of China, or the party concerned obtained the registration by deception or other improper means;
2. Preemptively register well-known unregistered trademarks by improper means;
3. The above reasons for trademark invalidation.

4. The international categories of Midea's graphic and text icons registered are: 11, 39, 37, 17, 7, 42, 21, and there is no competition.

5. The trademarks are obviously different. Our LOGO is the abbreviation of NOM in Shenyang Naomi Property Management Co., Ltd., which is reasonable and does not violate public order and good customs. Our registered trademark color is green, while Midea’s logo on all platforms is blue, which will not cause inappropriate associations.

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