Client’s trademark application of “ ” was opposed and commissioned WEIPR to defend. With the unremitting efforts of WEIPR attorneys, the defense was successful and the China National Intellectual Property Administration approved the trademark registration! |
Case Analysis
Client’s application was opposed because the opposed trademark sounds exactly like the registered trademarks “
” and “
” in pronunciation, and the opponent held that such occasion was contracted with Article 30 of the Trademark Law. In defense of the reasonability of the opposed trademark, WEIPR attorneys revealed two main defense grounds.
First, the opposed trademark is also the respondent’s business name, owning relatively strong originality. After a long time of using, the opposed trademark has already enjoyed a high reputation and credibility. “久” in the trademark represents longevity, implying the company’s long-lasting development, and “牧” means “animal husbandry”, echoing the respondent’s main products. According to Article 48 of the Trademark Law, the respondent attaches great importance to the publicity and promotion of the opposed trademark. He expands the influence of the opposed trademark through publicity and use. The trademark was widely used on automobile bodies, official websites, employee uniforms and other items to enhance its distinctiveness and visibility.
Second, the opposed trademark doesn’t constitute similar trademark with the two registered trademarks since they are not in the same classification and are distinct in terms of function, use, consumption object, sales channel of designated goods. The respondent is a professional manufacturer of special vehicles for livestock and poultry. It specializes in the research and development, production, and sales of special vehicles for the livestock and poultry industry. Its leading products are bulk feed transport vehicles and livestock and poultry transport vehicles. However, the opponent is the owner of household appliances, selling goods and services related to kitchen and bathroom activities.
Advice on Response to Opposition
a) Hit the mark
There are two aspects to argue trademarks are similar to each other or not. First, describe the differences of the sound, shape, meaning, etc. of the trademarks; second, explain the differences from the goods themselves, especially whether it affects customers’ purchase and use.
b) Highlight your advantages
The originality or prior rights of the respondent’s trademark must be made as focal points and stated as powerful reasons and arguments if there is any.
c) Highly targeted
The opponent’s reasons must be objected one by one with logic and adequate evidence when defensing. The respondent must show the authenticity of his/her statement and must also provide evidence to prove that its defense is well-founded and not fabricated out of thin air.
d) Defend on time
According to the Trademark Law, the respondent shall make a defense within 30 days from the date of receipt of the notice. The expiration of the defense is treated as failure to defend. Moreover, since the supplement of defense materials is not indefinite neither, the required supplementary materials must be submitted promptly.
e) Professional team does professional things
Objection defense requires a professional team. The experienced agency arranges dedicated personnel to write the case, refute the objection grounds, and provide corresponding evidence materials to try to get the applied trademark approved for registration.
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