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

Abstract:In 2019, WEIPR’s client has successively received notices of provisional refusal of the Madrid international registration of “HUANGHELOU” from multiple European national offices on the grounds that it is identical and s...

In 2019, WEIPR’s client has successively received notices of provisional refusal of the Madrid international registration of “HUANGHELOU” from multiple European national offices on the grounds that it is identical and similar to two EU trademarks previously registered by a British Virgin Islands company.

As is known to all that HUANGHELOU cigarette is a long-standing product of Wuhan Cigarette Factory and have been exported overseas for many years. Whether it is a British Virgin Islands company or other applicants, it’s reasonable to question their prior registration as an unfair trademark squatting behavior. Therefore, WEIPR suggested the client apply for revocation or request invalidation of identical or similar trademarks. Regarding the two EU trademarks previously registered by the British Virgin Islands company, WEIPR believed that the registrant is unlikely to use the trademark, and applying for revocation is an effective way.

Entrusted by the client, WEIPR filed an application for revocation with the European Bureau in August 2020. As expected, the trademark registrant failed to submit evidence of using the “HUANGHELOU” trademark. In March and June 2021, the European Union Intellectual Property Office made decisions to revoke the registration of trademarks No. 140113XX “HUANGHELOU and image” and No. 140112XX “HUANGHELO” respectively.

【EU Trademark Cancelation】

【EU Trademark 2 Cancelation】

Return to List

WJChenForeign Intelligency Property Manager / Lawer

02783612826wjchen@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

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