The plaintiff Shanghai Haoyu Trading Co., Ltd. and the Trademark Review and Adjudication Board of the State Administration for Industry and Commerce (referred to as the Trademark Review and Adjudication Board) on the “Tengjun” trademark (referred to as the application for trademark) No. 20939568 rejected the administrative dispute, the Beijing Intellectual Property Court in 2018 On June 14th, the trial was held in public, and the judgment was abolished by the Defendant's Commercial Appraisal Committee [2018] No. 20581, "No. 20939568 "Tengjun" trademark refusal review decision" and a new decision was made.

[Trademark Information]

Application for trademark：

Approved use of goods: selling for others, purchasing for others (purchasing goods or services for other companies), providing online market, import and export agent, marketing, auction, telephone marketing for buyers and sellers of goods and services

Citation mark：

Approved use of goods: advertising, business research, business information agency, business management consulting, personnel management consulting, business location relocation, typing, accounting

[Introduction to the case]

The application for the trademark was filed by the plaintiff on August 10, 2016, and was rejected by the Trademark Office. The plaintiff filed a review application with the Trademark Review and Adjudication Board within the statutory time limit. The Trademark Review and Adjudication Board made the business evaluation word on February 5, 2018. No. 20581, No. 20939568, “Tengjun” trademark rejection review decision (referred to as “the respondent decision”). The plaintiff refused to accept this decision and filed an administrative lawsuit with the Beijing Intellectual Property Court. The court found that the decision to revoke the decision and to make a new decision was made. Our company's lawyers and clients (the plaintiff) won the first trial of the case.

【Court decision】

Article 30 of the Trademark Law stipulates that: Where a trademark applied for registration is the same or similar to a trademark already registered or pre-certified by another person on the same commodity or similar commodity, the Trademark Office rejects the application and does not make an announcement.

Article 28 of the Provisions of the Supreme People's Court on Reviewing Several Issues Concerning Administrative Cases Concerning the Authorization of Trademark Authorizations stipulates: "In the process of the people's court hearing the administrative case of trademark authorization and confirmation, the Trademark Review and Adjudication Board rejects and rejects the application for trademarks. If the cause of registration or invalidation ceases to exist, the people's court may revoke the relevant ruling of the Trademark Review and Adjudication Board based on the new facts and order it to make a new ruling based on the changed facts."

On April 8, 2018, the Trademark Office of the State Administration for Industry and Commerce issued the "Decision on No. 6414624, Class 35 "Tengjun" Registered Trademarks for Three Years without Revocation Application" and announced on June 20, 2018. In the trial of this case, the cited trademark lost the exclusive right to use the trademark, which no longer constitutes the prior right of the application for the registration of the trademark. The fact that the application for registration of the trademark was rejected is no longer valid. Therefore, the defendant should re-target the application for the trademark. A decision should be made to register. In the end, the court decided to revoke the commercial commentary [2018] No. 20581, “Decision on the “Tengjun” trademark refusal of the 20939 568” according to the principle of change of situation and made a new decision.