This case is an administrative dispute over the review of the cancellation of the "X" trademark. The plaintiff, Party A, applied for the cancellation of the registration on the grounds that the trademark had not been used in a genuine, lawful, and effective commercial manner during the period from March 12, 2021, March 11, 2024. After examination, the China National Intellectual Property Administration made the challenged decision, finding that the third party, Company B, had effectively the trademark on goods such as face masks, surgical gowns, medical gloves, and face shields for medical personnel, and upheld the disputed trademark.
Dissatisfied with the decision, the plaintiff filed an administrative lawsuit with the Beijing Intellectual Property Court, asserting that the third party provided insufficient evidence, and requested the revocation of the challenged decision and a re-examination. As the trademark right holder, the third party, Company B, faces significant risks of trademark revocation, loss of brand assets, and disruption of business operations. To protect its legitimate trademark rights and interests, it has specially entrusted Lawyer You Hong'en of Beijing Ruede Law Firm to represent it in this lawsuit.
After accepting the mandate, Lawyer You Hong'en immediately and comprehensively reviewed the trademark files, evidence from the administrative stage, the plaintiff's grounds for lawsuit and the key points of judicial review, accurately grasping the core dispute of the case: whether the disputed trademark constitutes genuine, lawful, and valid trademark use within the designated three-year.
The lawyer's analysis concludes that the plaintiff's failure to find evidence of use does not equate to non-use. The sales contracts, export declarations, invoices, product photos, test reports, and exhibition materials submitted by the third party have already formed a preliminary chain of evidence. However, the authenticity, publicity, and relevance the use need to be strengthened during the trial. The focus should be on demonstrating the relationship between the "mask" product and the similar group to solidify the conclusion of maintaining the trademark The lawyer has determined the litigation strategy: consolidate the chain of evidence of use, precisely respond to the plaintiff's challenges, and explain the trademark use rules in accordance with the, making every effort to secure the court's dismissal of the plaintiff's claims and maintain the validity of the trademark.
Under the professional representation of Lawyer You Hong'en, the Beijing Intellectual Property Court, after trial, ruled
to dismiss all of the plaintiff's claims, the court acceptance fee to be borne by the plaintiff.
This case was a complete victory, effectively maintaining the disputed trademark "X" and fully protecting the core
trademark rights and of the third party. With professional expertise in trademark law and an outstanding courtroom
performance, Lawyer You Hong'en successfully helped the enterprise safeguard its important brand assets, earning
high recognition from client.
1. Trademarks must be used genuinely after registration; failure to use them for three consecutive years will lead to the
risk of cancellation.
2.ain complete evidence of use: including sales contracts, invoices, delivery notes, customs declarations, product photos,
promotional materials, test reports, etc.
3. Trademarks should marked on goods, packaging, and promotional materials, ensuring they point to the trademark
owner.
4. Do not panic when facing a non-use cancellation application; promptly entrust professional trademark to organize
evidence and respond properly.
5. Use on similar goods can extend to the entire similar group; reasonably planning the scope of use can enhance
trademark stability.
6. Evidence use can still be reinforced and perfected during the administrative litigation stage; professional
representation can significantly increase the probability of winning the case.