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Regarding the decision on the review of the refusal of the "CHINACNC" trademark No. 60298784

AddTime:2022-09-02 11:31:53  Views:

Regarding the decision on the review of the refusal of the "CHINACNC" trademark No. 60298784

Applicant: Wang Chucheng
Attorney: Beijing Shengzhou International Intellectual Property Agency Co., Ltd.
        The applicant was dissatisfied with the rejection of the registration application of the No. 60298784 "CHINACNC" trademark (hereinafter referred to as the trademark application) by our bureau, and applied to our bureau for re-examination. Our bureau has accepted it and the trial has now been concluded.
         The main reason for the applicant's reexamination: The applied trademark is creatively designed by the applicant, has distinctive features and unique meaning, and will not have adverse effects when used as a trademark. The applied trademark has a certain popularity through use and publicity, and has formed a one-to-one correspondence with the applicant's products. Trademarks with similar circumstances have been approved for registration, and a preliminary review of the applied trademark is requested.
         After reexamination, it was found that the applied trademark "CHINACNC" contains "CHINA", which is used as a trademark on designated commodities, which is likely to cause adverse social impact and cannot be used as a trademark, which violates Article 10, paragraph 1 (8) of the "Trademark Law". item provisions. Trademark review and adjudication cases follow the principle of case-by-case review. Other trademark registrations described by the applicant are different from the facts of this case, and cannot be the natural reason for the application for trademark registration in this case.
In accordance with the provisions of Article 10, Paragraph 1, Item (8), Article 30 and Article 34 of the Trademark Law of the People's Republic of China, our Office decides as follows:
          The application for registration of the trademark applied for on the re-examined commodity was rejected.
The applicant who is not satisfied with this decision may file a lawsuit with the Beijing Intellectual Property Court within 30 days from the date of receipt of this decision, and submit a copy of the complaint to the court at the same time or within 15 days at the latest. notify the Bureau in writing.
Member of the collegiate panel: Liu Yang
Gaolidan
Liu Qing
August 23, 2022
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