The Trademark Registration and Administrative Litigation of “巴厘龙虾” of Wuhan Bali Crayfish Catering Management Co., LTD

Abstract:The Trademark Registration and Administrative Litigation of “巴厘龙虾” of Wuhan Bali Crayfish Catering Management Co., LTD

Case Brief

In March 2018, Wuhan Bali Crayfish Catering Management Co., LTD entrusted WEIPR to agent the registration application of trademark “巴厘龙虾” in class 43. In October 2018, the application was rejected. After request for reexamination after rejection, the registration was rejected again in April 2019. WEIPR and the applicant refused to accept the decision and initiated an administrative lawsuit. The registration was rejected by the first instance administrative lawsuit decision in November 2019, and was granted in May 2020 after the second instance appeal.

Case Analysis

Trademark registration could be rejected for various reasons. The Trademark Law of China provides the right holder with sufficient remedies. A rejected trademark can be further protected through a review. If the right holder refuses to accept the review decision, he/she can file a lawsuit with the Beijing Intellectual Property Court. If the right holder refuses to accept the first-instance judgment, he/she can appeal to the Beijing High People’s Court. This case is a typical case of successfully obtaining trademark rights after exhaustion of rights.

Return to List

Xiaoxia Zheng IP Comprehensive Service Business Manager

02783624447转5001zxx@we-ipr.com

Popular Cases

Representing the Re-examination and Confirmation of the Trademark “中国信科” after Rejection

China Railway Major Bridge Engineering Group Co., Ltd. Won China Patent Award for Three Times

Patent Administrative Litigation Case of Wuhan Tianyu Information Industry Co., Ltd. (WHTY)

Trademark registration of “程力” for Chengli Automobile Group Co., Ltd. (CLQC)

WEIPR Successfully Represented Spanish Company in Patent Invalidation

Dispute on Two European Trademarks of “HUANGHELOU” Applied by China Tobacco Hubei Industry Co. Ltd.

The Global Patent Layout of FiberHome Telecommunication Technologies Co., Ltd. and Its Patent Application for “Method for Efficiently Preparing Doped Optical Fiber Preform and the Doped Optical Fiber Preform”

The Anti-Unfair Competition and Trademark Infringement Case of Wuhan Bali Crayfish Catering Management Co., Ltd. Regarding the “Bali Crayfish” Trademark