Our company, Beijing Fineland IP Firm, was entrusted by Moke International Limited to file a request for invalidation against the trademark no. 49921816 "摩珂" applied by Wang Gaocuan on the commodity category 12. After CNIPA's examination, we finally succeeded in safeguarding its rights.
Brief Description of the Case
1."MOKE" is the main automobile brand of the applicant, and the application date of the applicant's cited trademark is significantly earlier than the application date of the disputed trademark. Therefore, the applicant has an irrefutable right to the prior trademark.
2.The disputed trademark is highly similar to the cited trademark which is previously registered by the applicant in terms of word part, and they are designated to be used on similar goods, which constitutes similar trademarks on similar goods.
The comparison graphic of the marks is as below:
By comparison, it can be seen that the English word in the disputed trademark is "MOKE", while the applicant's cited trademark is "e-moke" in terms of text composition. Among “E-MOKE”, "E-" used in the commodity of "vehicle and means of transportation" represents that the energy of the vehicle is "electric", which has very weak significance in the trademark. Therefore, the distinctive identification part of the cited mark lies in the English word "MOKE", taken from the applicant's business name. In terms of text composition, the English word in the disputed trademark is exactly the same as the prominent part of the applicant's cited mark, and they two completely constitute similar trademark. Therefore, the disputed trademark shall be given invalidation declaration.
3."MOKE", as the car brand created by the applicant, has been successfully registered in many countries and regions. The applicant's brand "MOKE" has a high popularity through the applicant's continuous use and publicity, which has formed a unique designated relationship with the applicant.
4.The English part of the disputed trademark is exactly the same as the enterprise name of the applicant. The registration application of the disputed trademark infringes the applicant's prior trade name right and violates the relevant provisions of Article 32 of the Trademark Law, so it shall be given invalidation declaration.
5.As a trademark grabber, it is obvious that the applicant of the disputed mark knows the applicant's highly well-known and influential brand "MOKE", which belongs to malicious registration behavior of plagiarism and imitation of others' well-known trademark. In addition, the disputed mark "MOKE" is highly similar to applicant's mark "MOKE", it will easily cause the relevant public mistakenly believe that the applicants’ series trademarks may have a certain connection, thus causing confusion and false recognition of the source of goods. Therefore, the opponent's behavior violates the provisions of Article 4, Article 7, Article 10 (1.7), Article 10 (1.8), and Article 44（1）of the Trademark Law, and the disputed trademark shall be given invalidation declaration.
In accordance with the provisions of Article 30, Article 44(1), Article 44(3), Article 45(1), Article 45(2), Article 46 of the Trademark Law of the People's Republic of China, CNIPA has decided as follows: The disputed trademark shall be given invalidation declaration.