3cc, Bee and a well shuffled deck for a win by trademark rights holder

    By Julie Zhao, HFG
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    Among the top 10 cases of 2011 of the Patent Reexamination Board of the State Intellectual Property Office (PRB) is case No. 15530, a petition by The United States Playing Card Company for invalidation of Zeng Qingsong’s design patent entitled “Label (3cc Playing Cards)”. This case explored the determination and resolution of, and the law governing, a conflict between a design patent for flat packaging and prior trademark rights.

    Overview of the case

    In 2007, Zeng Qingsong applied for a design patent entitled “Label (3cc Playing Cards)”, which was granted in 2008.

    Julie Zhao Patent Attorney HFG Shanghai
    Julie Zhao
    Patent Attorney
    HFG
    Shanghai

    In 2010, The United States Playing Card Company filed a petition with the PRB for invalidation of the patent in question on the grounds of infringement of its prior trademark rights for “Bee” playing cards, and submitted relevant supporting documentation, claiming that the patent in question did not comply with the third paragraph of article 23 of the Patent Law (2008).

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    Julie Zhao is a patent attorney at HFG in Shanghai

    (HFG)

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    No. 969 Wuding Road, Shanghai

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    www.hfgip.com

    电子信箱E-mail:

    jzhao@hfgip.com

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