Dismiss the case for retrial
ANDU Successfully Represented Trademark Rejection Review Case of "Cathay"
发布时间:2018-07-31 00:00:00 浏览数:269

In February 2017, the trademark applicant, Cathay Financial Holdings Co., Ltd., entrusted Beijing ANDU Intellectual Property Agency Co., Ltd. to register the trademark "Cathay" in classes 5, 21, 30, 37, 38, 40 and 45, and in December 2018, the Trademark Office rejected the trademark registration application on the grounds that the trademark was likely to have adverse effects.

 

In January 2018, the trademark applicant was dissatisfied with the decision of the Trademark Office to reject the trademark and filed an application for rejection review with the Trademark Review and Adjudication Board. The trademark applicant argues: 1. The translation of "Cathay" to "China" requires a specific environment, and simply considering it as a translation of China is obviously inappropriate. 2. The trademark applied for has been widely used and widely publicized by the applicant, and "Cathay" has given the meaning of "Cathay" specifically refers to "Cathay", and has been included in the Wikipedia. The majority of consumers do not associate it with "China" in the identification process. 3. The applicant and its many affiliates use the word "Cathay" as the company's trade name and main trademark, which is well known to the public in the mainland of the motherland. 4. The applicant has a number of "Cathay" trademarks rejected for the same reasons, but all of them have passed the review procedure, up to now, in each category, the applicant has a total of 84 exclusive rights to the "Cathay" trademark, in order to maintain the fairness and uniformity of trademark registration, according to the principle of consistent trademark registration examination, the application trademark should be approved for registration according to law.

 

In March 2018, the trademark applicant provided a large amount of evidence to prove his views, and the trademark applicant provided a number of trademark certificates registered at home and abroad, publicity and coverage of the trademark applicant by various media, and honorary certificates obtained by the trademark applicant. In March 2018, the trademark applicant provided a large amount of evidence to prove his views, and the trademark applicant provided a number of trademark certificates registered at home and abroad, publicity and reporting on the trademark applicant by various media, and honorary certificates obtained by the trademark applicant.

 

Decision:

On July 27, 2018, the Trademark Review and Adjudication Board ruled that the application for registration of the "Cathay" trademark in the goods and services under review was preliminarily examined.

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