Inner Mongolia Xinsanwei International Economic and Technological Cooperation Co., Ltd. is a major shareholder of Inner Mongolia Kerchin Cattle Industry Co., Ltd. (hereinafter referred to as Kerchin Cattle Industry), and has been authorized for many years to use and promote its "KeEr Qin" series brand.

On December 15, 2014, Inner Mongolia Xinsanwei International Economic and Technological Cooperation Co., Ltd. filed with the National Trademark Office the "KeEr Qin Niu" series trademarks numbered 15931573, 15931576, 15931579, and 15931582, which were designated for use in Class 43, Class 35, Class 31, and Class 29 goods. After examination, the Trademark Office determined that "KeEr Qin" in the trademark is located in the eastern part of Inner Mongolia Autonomous Region and belongs to an administrative division at or above the county level, the registration application for the "KeEr Qin Niu" series of trademarks was rejected on the grounds of not being allowed to be used as a trademark in violation of Article 12, Paragraph 2 of the Trademark Law.

Article 12 (2) of the Trademark Law stipulates that place names in administrative divisions at or above the county level or foreign places known to the public shall not be used as trademarks, except for places with other meanings or as part of collective or certification trademarks; Registered trademarks that use place names continue to be valid.

Xinsanwei Company is not satisfied and has entrusted our company to apply to the Trademark Review and Adjudication Board for rejection of the review.

This case is handled by our company's trademark agents Yang Xiaoli and Li Yanqin. After collecting evidence such as the registration history of the "KeEr Qin" series of trademarks, well-known trademark certificates, media reports, newspaper and magazine advertisements, and honor certificates, the two agents presented sufficient facts and reasons to the commercial judges:

1. The applicant has successfully registered multiple trademarks including "KeEr Qin" in classes 29, 35 and 43. According to the principle of consistency in administrative examination, the applied trademark should be preliminary approved and announced.

2. The "KeEr Qin" trademark has been applied for by its subsidiary "Inner Mongolia Kerchin Cattle Industry Co., Ltd." for long-term, continuous, extensive, and widespread use and promotion, obtaining significant features of the trademark. Among them, the "KeErQin+English+image" trademark No. 1522672 was recognized as a well-known trademark in December 2005.

3. In addition to being a place name belonging to administrative divisions at or above the county level, "KeEr Qin" also has other meanings such as "KeEr Qin Cao Yuan" and "Kerchin Cattle Industry ". Kerchin Cattle Industry, also known as Inner Mongolia Kerchin Cattle Industry Co., Ltd., has a high reputation nationwide, and trademark 1522672 has been recognized as a well-known trademark. Therefore, after long-term and widespread use, the "KerchinCattle Industry" has obtained significant features that distinguish it from other similar goods or services, and has a distinctive meaning unique to the trademark. Therefore, the "KeEr Qin Niu" series trademarks should be preliminary approved and announced in accordance with the law.

After review, The TRAB supported our gounds. On March 21, 2016, the decision of preliminary examination and approval of the " KeEr Qin Niu" series trademarks was made.