“常青麦香园”is a well-known Wuhan local chain brand of hot and dry noodle created by the applicant, which has a high popularity and reputation in the hearts of the public.
【Brand History】
Li Yajuan, the founder of “常青麦香园”, has used “常青麦香园” as the brand since she started her business in 1993. After becoming a disciple of Mr. Cai Hanwen in 2 010, she continued her original brand and still uses “常青麦香园” as the brand name. The word “常青” in “常青麦香园” comes from “常青城” (Changqing Town), where founder Li Yajuan first opened a hot dry noodle restaurant in Wuhan. “麦” means “wheat”, the raw material of hot-dry noodles, and “香” means the “flavor” of hot-dry noodles. “常青麦香园” is a name given by the applicant based on the region where it is located and the ingredients used. It is catchy and highly distinctive.
【The Disputed Trademark】
【The Cited Trademark By the Applicant】
On April 28, 2020, the applicant filed a request for invalidation of the disputed trademark No. 21654988 “常青麦香园”. The China National Intellectual Property Administration accepted the request and the trial has now ended.
【Invalidation Grounds】
1. “常青麦香园” is a well-known Wuhan local breakfast chain brand created by the applicant with great efforts, and has a very high popularity and reputation among the relevant public. The disputed trademark and the applicant’s prior registered trademark No. 20070618 “常青麦香园” constitute similar trademarks on the same or similar goods.
2. The disputed trademark is exactly the same as the applicant’s trade name “常青麦香园”, and the registration of the disputed trademark infringes the applicant’s prior trade name rights.
3. After extensive use and extensive publicity by the applicant, the trademark No. 9217722 “常青麦香园” has met the protection conditions for a well-known trademark. The disputed trademark is a deliberate imitation of the applicant’s well-known trademark on closely related goods. Its registration and use will mislead the public, dilute the distinctiveness of the applicant’s well-known trademark, and damage the applicant’s well-known trademark rights.
4. The registration of the disputed trademark has obvious malicious intentions of “sitting on famous brands” and “free riding”, and violates the principle of good faith.
【Invalidation Ruling】
In accordance with Article 31, Article 45(1), (2) and Article 46 of the Trademark Law of the People’s Republic of China (2013), the following ruling is made: The disputed trademark is declared invalid.
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