Entrusted by Stay Strong INTL Limited., our company, Beijing Fineland IP Firm invalidation the trademark No.52862580 "STAYSTRONG" designated by Sun Qiumin to apply on category 25 commodities. After the trial by the CNIPA, the company finally achieved success.

Trademark contrast picture:

The trademark "Stay Strong" is a brand created by the applicant and used for a long time. It has established a high visibility and influence in China long before the application for registration of the disputed trademark. The core English of the disputed trademark is the same as the applicant for the trademark "Stay Strong", and is designated to be used on similar goods, which belongs to "the trademark that has been registered by others by improper means and has certain influence". According to Article 32 of the Trademark Law, the disputed trademark shall be declared invalid.

"Stay Strong" series brand trademark by the applicant's long-term promotion has formed a high visibility and influence, and the respondent in the applicant "Stay Strong" series brand trademark premise will be similar dispute trademark registration behavior serious violation of Article 15 of the Trademark Law, the disputed trademark shall be invalid.

As the trademark bearer, the respondent, in addition to registering the disputed trademark, is registered the trademark of other brands, and the subjective malice of "near the famous brand" and "free riding" is obvious. The behavior of the applicant's trademark squatting occupies the high-quality trademark resources of legal operators, violates the basic social and public morality and the principles of honesty and credit, objectively damages the trademark registration order in China, and causes damage to the specific civil rights and interests of others, and causes adverse effects. Therefore, according to the provisions of Article 4, Article 7, Item 7, Paragraph 1, Article 10, Item 8, Paragraph 1, Article 10 and Article 44 of the Trademark Law, the disputed trademark shall be declared invalid.

When the respondent of the application applies for the registration of the disputed trademark in the name of the person in charge of the individual business house, it belongs to the situation of "obtaining the registration by deception or other improper means". Respondent based on the purpose of unfair competition, seek illegal interests, without the knowledge of the applicant tried to register dispute trademark by improper means, its subjective malice, against the principle of good faith, the disputed trademark registration in violation of the provisions of the first paragraph of Article 44 of the Trademark Law, shall be invalid in accordance with the law.

In accordance with paragraph 1 of Article 44, Paragraph 3 and Article 46 of the Trademark Law of the People's Republic of China, the CNIPA rules as follows:

The disputed trademark shall be invalid.