Gaowo Represented the Case of Administrative Dispute over the Request of Invalidation of the Trademark "贝铭气模BEIMING" and Won
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The third party believes that the individual-owned business license of the original registrant of the disputed trademark is forged, and the original respondent obtained the trademark registration by deception, which violated good faith principle; and requested the CNIPA to follow the provision of Article 44.1 of the “Trademark Law of the People’s Republic of China (2021)” to Invalidate the disputed trademark. The CNIPA ruled that the disputed trademark was invalid.
Wenzhou 360 Inflatable Co., Ltd.(Before the assignment of the disputed trademark, the original registrant authorized the use of the disputed trademark) did not accept the judgement and entrusted Beijing Gaowo Law Firm to file an administrative lawsuit against the judgement within the statutory time limit, claiming that the application for registration of the disputed trademark has a real intention to use. Since the registration of the disputed trademark, the plaintiff has been continuously active use the disputed trademark. The registration did not violate the legislative intent of Article 44.1 of the Trademark Law of 2001.
In the end, the court supported our litigation request, ruled to annul the defendant’s ruling, and made a new ruling.
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