In the past few days, the trademark opposition of ”CHUYUANFULU” in the name of JIANGZHONG PHARMACEUTICAL CO.,LTD. with Eastking as agent had come to a result. The trademark office made the ruling of (2012) no. 00563 that: trademark registration of “CHUYUANFULU" NO.6971395 shall not be approved.

Review:

The case is due to the trademark application of “ CHUYUANFULU”for Water (drink), fruit juice, soda,  beer, and other goods on September 25, 2008 by ZHAI JIN SONG and ZHAI JIN SONG received the preliminary examination publication on February 27, 2010.

JIANGZHONG PHARMACEUTICAL CO., LTD., established in 1996, is one of the largest pharmaceutical enterprises, focusing on production and sales of medicine, health food, functional food development, its main brand “CHU YUAN” enjoys a high reputation in China.

Eastking acted as Intellectual property consultant of Jiangzhong pharmaceutical Co., LTD., and informed above monitoring information to JINGZHONG and suggested to file an apposition in the legal time to avoid approval of “ CHUYUANFULU” NO.6971395, which is similar to the trademark “CHUYUAN” in the name of JIANGZHONG.

Accepting Eastking’s suggestion, JIANGZHONG PHARMACEUTICAL CO., LTD. , authorized Eastking as its agent to file an opposition. Eastking fully stated the opposition reason, to analyze from the trademark sound, form, meaning, and concluded that” CHUYUANFULU” is similar with the cited trademark “CHUYUAN”.

The trademark office finally adopted Easting’s opinions and ruled that the reason proposed by the opponent was established, “CHUYUANFULU" NO. 6971395 trademark registrations shall not be approved; JIANGZHONG succeeds on the basis of article 28 and article 33 of the trademark law./

Comment by Eastking ：

This is a classic litigation for trademark opposition .There are three enlightenments for trademark owner or any interested party:

1. Trademark opposition is an application filed by trademark holder or any interested party against a trademark which has passed preliminary examination and been published. Due to the huge amount of trademark applications, trademark examinations may have errors, and there are no identical standards of similar trademarks for trademark review officials, trademark holder and consumers, therefore, the trademark law sets the opposition procedure, and let the relevant public file opposition to protect their rights and interests.

2 Trademark holders or any interested party should take the chance of opposition to stop similar trademark registration. Once the similar trademark are registered and get legal status in the market ,it will  use the reputation of well-known trademarks ,and carve up its market, steal the reputation that trademark holder put in a lot of human, material and financial resources to build without any charges, and weaken s the specific relationship between trademark holder and commodities or services in the mind of the consumer , even brings great negative impact to the trademark owner of good business reputation.