he Case Description:

The opponents, Beijing Aifu Culture Spreading Co., Ltd. and Xi’an  Qujiang Cultural Tourism (Group) Co., Ltd. filed an opposition against the trademark “梦回大唐 and device” No.: 4973765 which is published on“ Trademark Gazette” and owned by the opposed Shanxi Fenyangwang Wine Co., Ltd., the opposed appointed Eastking to defend.

After examination, the CTO believed that the opposed mark”梦回大唐 and device” were not similarity with the prior mark “大唐DATANG” of Beijing Aifu Culture Spreading Co., Ltd., and the opinion that the opposed mark “梦回大唐 and device” will mislead the public and cause adverse effects lacks evidence.

The opponent, Xi’an Qujiang Cultural Tourism (Group) Co., Ltd. hadn’t afforded any evidences to prove its prior use of mark “梦回大唐 and device”, and its opinion that the opposed mark “梦回大唐 and device” infringed its copyright lacks evidence.

According to the article 33 of the Trademark Law, the trademark office ruled that the objection reasons proposed by the opponents, Beijing Aifu Culture Spreading Co., Ltd. and Xi’an Qujiang Cultural Tourism (Group) Co., Ltd. could not be established, the top no. 4973765 datang and figure trademark registration shall be approved, and the trademark registration of “梦回大唐 and device” No.: 4973765 would be approved.