Our company, Beijing Fangyuan Jiahe Intellectual Property Agency Co., Ltd., entrusted by a certain company, in accordance with Article 33 of the Trademark Law of the People's Republic of China, filed an opposition against the trademark No. 73087205 "PETITE PLUME" preliminarily approved by the Trademark Office. The applicant was Huang Meiyun, and the trademark was designated for use on goods in Class 25. We requested the Trademark Office to reject the registration application of this trademark, and ultimately succeeded.
I. In this case, the opposer provided evidence materials such as the official website information page of the PETITE PLUME brand, the product brochures of the PETITE PLUME brand, the trade-related documents retained between the opposer and Suzhou Hengfeng Import & Export Co., Ltd. and their translations. These materials prove that before the application date of the opposed trademark, the opposer had already used "PETITE PLUME" as a trademark on goods such as "sleepwear". The opposed trademark has the same letter composition as the opposer's trademark. The goods such as "clothing" designated for use by the opposed trademark are similar in function and use to the goods used by the opposer in advance, thus constituting similar goods. When the opposed trademark is designated for use on goods such as "clothing", it is likely to cause relevant consumers to mistakenly believe that the products marked with this trademark come from the opposer or have a specific connection with the opposer, resulting in confusion and misidentification of the source of the goods. Therefore, the National Intellectual Property Administration considered that the opposed party's application for the registration of the opposed trademark on goods such as "clothing" constitutes an act of trademark squatting against the opposer's trademark.
II. In addition to the opposed trademark in this case, the opposed party has also applied for the registration of several trademarks that are identical or highly similar to other trademarks with certain distinctiveness and popularity used in advance. The opposed party has not given a reasonable explanation for the above facts. The National Intellectual Property Administration believed that the opposed party's application for the registration of the opposed trademark is intended to copy and imitate other people's trademarks. Such behavior disrupts the normal trademark registration order, undermines the market economic order of fair competition, and violates the legislative spirit of the Trademark Law regarding the prohibition of obtaining trademark registration by deceptive means or other unfair means.
Based on Articles 30, 32, and 35 of the Trademark Law, the National Intellectual Property Administration decided that the trademark No. 73087205 "PETITE PLUME" shall not be registered.