In the past few days, the trademark review of “YINGXIONGCHUANZHANG” in the name of LAOCHUANZHANG LEATHER CO.,LTD had finished. Trademark Review and Adjudication Board make the ruling of 【2011】no,32928,”YINGXIONGCHUANZHANG “approved preliminary examination.
Review:
The case is due to the refusal decision of trademark “YING XIONG CHUAN ZHANG” application No 7358183. Yiwu Laochuanzhang leather Co., LTD established in 1992 is one specialized big enterprise engaged in the leather design, production and sales enjoy higher visibility in China. LAO CHUAN ZHANG filed trademark application of “YING XIONG CHUAN ZHANG “in front of the trademark office on April 28, 2009.Trademark office made a decision of refusal on May 10, 2010.
Eastking acts on behalf of LAO CHUAN ZHANG to file the review of refusal in the legal time .Eastking full stated the refusal reason, from the trademark sound, form, meanings, and analyzed the differences between "YING XIONG CHUAN ZHANG” and cited trademark.
The trademark review and adjudication board eventually adopted Eastking 's opinion, ruled that "the hero the captain" trademark shall approve preliminary examination , and successful protect the rights.
Comment by Eastking:
This is a typical trail for trademark review of refusal .there is three enlightenments for trademark owner:
1. Trademark refusal which is just a preliminary decision made by trademark office, does not mean the trademark can not be registered or used. Applicant could file a review to the trademark review and adjudication board,and the decision of review can be prosecuted in court, so far the trademark rights validation procedure to complete.
2. The period to file a Trademark review is only 15 days, if the parties want to keep the refused trademark, it shall put forward application in fifteen days for reexamination, and the envelope and notice of refusal must keep well.
3. The reason for refusal is different, and the documents to prepare the review are also different, we suggest that the party submits targeted evidence for different reason of refusal.