Can a trademark of the word "three rural" words can be registered?inseehmy
Source: China Intellectual Property Report [Introduction to the Case] ??On April 27, 2016, Zhong Joe Three Nongxiao Agriculture (Beijing) Co., Ltd. (known as Zhong Qi Sannan Sannang Company) applied for registration No. 19780819 "Zhong Joe Third Agricultural Zhongqiaodasannong "trademark, specified on the items such as tea beverages in Article 30.
On January 20, 2017, the Trademark Office of the Administration of Industry and Commerce in the Administration of Industry and Commerce made a registration application for rejecting the trademark of the compedition.
Zhong Joe Three farmers did not accept, and submitted the application to the Trademark Review Committee of the Administration of Industry and Commerce, the Administration of Industry and Commerce (hereinafter referred to as the Trademark Review Committee). On August 31, 2017, the Trademark Review Committee identified that "three farmers" in the trademark of the compensant, referring to agriculture, rural, farmers, and three rural issues have become synonymous with a national industrial policy. As a trademark used in designated goods, It is easy to generate adverse social impact, which has constituted a situation in Article 10 (8) of the Trademark Law, which must not be used as a trademark used, so deciding to reject the registration application on the review product.
Zhong Joe Three farmers did not accept, and resort to the Beijing Intellectual Property Court. On December 20, 2017, the Beijing Intellectual Property Court made a judgment and revoked the trademark of the Trademark Review Committee to reject the retrial decision, and sentenced its re-decision. The Trademark Review Committee did not accept, appealed to the Beijing Senior People’s Court. Beijing Senior People’s Court made a second-trial judgment on May 25, 2018, dismissed the appeal, and maintained the original judgment. [Legal Analysis] In this case, first, the trademark of the compedition is composed of Chinese "Zhong Joe Three Agricultural" and Chinese Pinyin "Zhongqiaodasannong", specified on the 30th category of wheat milk, tea drinks, brown sugar, etc. According to the content of the trademark symbol itself, there is no such thing as a socialist morality, and there is no possibility to generate negative and negative impact on my country’s public interest and public order.
Secondly, it was identified, the plaintiff was approved by the trademark of the original application, and the above two trademarks also included the text of "Zhong Joe Three Agricultural". At the same way, the Trademark Review Committee did not have a prove to prove to the court to proceed that the trademark of the court has been proved to be a case-of case factors that must be specially considered.
According to the facts identified, there have been many trademarks with "three rural" texts before and after registration. Although the Trademark Review and Judicial Review Procedure is to consider case, the basic basis for review is the trademark law and related legal provisions, and it is also impossible to review the unity of law enforcement standards. Again, the plaintiff’s corporate name completely contains the text of "Zhong Joe Three Agricultural", which can also have a certain extent, and the logo marks are not adversely affected in business operations.
Therefore, the competent trademark is not subject to the target of Article 10 (8) (8) of the Trademark Law.
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