HSIN TUNG YANG Co., Ltd. was founded in 1967 and is one of the most famous food companies in Taiwan for 40 years. It has always been committed to traditional and innovative Chinese traditional food culture, the refinement and internationalization of Chinese cuisine, and the purpose of improving the quality of life for the public. It continuously improves progress in production technology, business management, marketing, and research and development, and is recognized as an international spokesperson for Chinese cuisine culture. So far, HSIN TUNG YANG Business has developed into a diversified multinational group spanning food, catering, real estate, entertainment and leisure. The investment region has spanned Mainland China, Taiwan, the United States, Singapore and other regions.

The trademark "Xin Dong Yang" of HSIN TUNG YANG Co., Ltd. was first applied to Taiwan Intellectual Property Office by its founder, Mike Hsiung fu, in 1969. It is still a valid and legally existing trademark. Since then, the trademark has been registered with hundreds of "Xin Dong Yang" series trademarks on multiple goods/services in Taiwan and mainland China. Over the past forty years, "Xin Dong Yang" has received numerous honors and International Qualification Certification, and was selected as the "Top 100 Brands in Taiwan" in 2011.

On July 30, 2008, Fujian New Dongyang Sports and Entertainment Co., Ltd. filed an application for registration of trademark "Xin Dong YangGao Er Fu Qiu Chang" in Class 41with the Trademark Office. On June 6, 2013, this trademark application was preliminarily approved. During the statutory opposition period, Taiwan HSIN TUNG YANG Co., Ltd. entrusted our company to file an oppostion application against this mark. On July 23, 2015, the Trademark Office made a decision not to register this appliedmark in accordance with Article 15, Paragraph 1 of the Trademark Law.

Fujian New DongyangCompoany was not satisfied with this decision and filed an application for non-registration review with the Trademark Review and Adjudication Board (TRAB) on August 19 on the same year. Our company was entrusted by HSIN TUNG YANG Co., Ltd. to defend and submit relevant materials to the TRAB on December 21, 2015.

The main reason for the reexamination of Fujian New Dongyang is that, prior to the application for registration of the reexamined trademark, Taiwan HSIN TUNG YANG had never previously used the same or similar trademark on the same or similar goods and services specified in the reexamined trademark. In numerous cases involving the "Xin Dong Yang" trademark between the applicant's founder, Mr. Mai Shilai, and the original opponent, the TRAB has previously determined that the trademark registration of "Xin Dong Yang" by the Applicant's founder and the trademark containing the words "Xin Dong Yang" did not violate the provisions of Article 15, Paragraph 1 of the Trademark Law.

Our agent's defense states that the legal representative of the reexamination applicant, Mr. Mai Shilai, was once the Vice Chairman and General Manager of Taiwan New Dongyang Company and had a representative relationship with him. When the reexamination applicant applied for the registration of the reexamination trademark, although Mr. Mai Shilai was no longer a director of Taiwan New Dongyang Company, he was still one of the major shareholders of Taiwan New Dongyang Company. Through his controlling equity, he selected two directors and one supervisor to be appointed to Taiwan New Dongyang Company, Substantial experience in participating in the respondent's company. Therefore, there is a representative and represented relationship between the legal representative of Fujian New Dongyang and Taiwan New Dongyang. If a reexamined trademark violates the provisions of Article 15, Paragraph 1 of the Trademark Law, the registration shall not be approved.

After trial, the TRAB found that according to the Administrative Ruling No. 99 of the Supreme People's Court (2013), Fujian New Dongyang Company is deemed to be the agent or representative referred to in Article 15 of the Trademark Law. The application for trademark registration shall be reviewed to provide golf course relevance. Without the authorization of the original objector, it applies for the registration of the objected trademark in mainland China, which belongs to the facilities, fitness clubs, and other services provided by the respondent "New Dongyang" in the restaurant, hotel, restaurant industry, and other industries in Taiwan. The situation referred to in Article 5 is that "without authorization, the agent or the representative registers the trademark of the principal or the representative in their own name".

On June 7, 2016, the TRAB made a decision: the opposed trademark shall not be approved for registration.