Regarding the decision on the review of the refusal of the trademark No. 61193414 "The Way of Living Well, Great Country and Health Care"

 

Applicant: Hongda Heritage (Beijing) Institute of Traditional Chinese Medicine

Attorney: Beijing Shengzhou International Intellectual Property Agency Co., Ltd.

The applicant was dissatisfied with the rejection of the registration application of the trademark No. 61193414 of "You Huo Dao Da Guo Kang Yang" (hereinafter referred to as the trademark application), 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 use of the applied trademark word has a unique meaning on the designated commodity item, and the use of the trademark as a trademark will not cause adverse social impact. After inquiries by the applicant, trademarks with similar circumstances have been approved for registration. The applied trademark has established a unique correspondence with the applicant after use. Please

Seek permission to apply for trademark registration.

After reexamination, it was found that the use of the applied trademark word as a trademark as a whole may have adverse social impact, and it belongs to the circumstances stipulated in Article 10, paragraph 1 (8) of the "Trademark Law" that cannot be used as a trademark.

      Article 10 of the Trademark Law is a prohibitive clause and cannot be registered through use. Other trademark registration situations claimed by the applicant cannot be the natural reason why the applied-for trademark should be approved for registration.

In accordance with the provisions of Article 10(1)(8), 30 and 34 of the Trademark Law, our Office has decided as follows:

The application for registration of the trademark applied for on the re-examination 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.

Collegiate Panel Member: Cai Ting

Zhang Yuguang

Song Yueru

September 01, 2022