"Xiangli" Trademark Reconsideration Case for Opposition

2025-11-19
In November 2012, ZYIP acted as the agent for Xiangli Electrical Appliance Products (Shenzhen) Co., Ltd. (hereinafter referred to as "the applicant") and applied to the National Trademark Office for the "Xiangli" trademark (hereinafter referred to as "the applied trademark") in the goods of category 11, such as "lighting equipment and devices, air purification sterilization lamps". The application was rejected by the Trademark Office with a rejection notice of ZC11756561BH1 on November 2012. ZYIP acted as the agent for Xiangli Electrical Appliance Products (Shenzhen) Co., Ltd. (hereinafter referred to as "the applicant") and applied to the National Trademark Office for the "Xiangli" trademark (hereinafter referred to as "the applied trademark") in the goods of category 11, such as "lighting equipment and devices, air purification sterilization lamps". The application was rejected by the Trademark Office with a rejection notice of ZC11756561BH1, and the reason for the rejection was: This trademark is similar to the "Lixiang" trademark registered by Anping County Hongda Xinxin Wire Mesh Co., Ltd. in similar services. Therefore, in accordance with Article 32 of the Trademark Law, it was rejected. 


The applicant was not satisfied with the rejection decision made by the Trademark Office. Therefore, on April 2014, he entrusted ZYIP to file a re-examination application for the rejection with the Trademark Review and Adjudication Board. Considering that the similarity between the applied-for trademark and the cited trademark was quite high, the agent of our firm investigated the usage of the cited trademark and found that it had not been actually used in the past three years. Thus, while submitting the re-examination application, we also filed a three-year non-use cancellation application for the goods "metal pipe fittings" where there was a conflict between the cited trademark and the applied-for trademark. 


The Trademark Review Committee, after thorough investigation, found that the cited trademark No. 806431 "Lixiang" had been discontinued for three consecutive years on the "metal pipe fittings" product category. As a result, the Trademark Office revoked its registration on this product category. Therefore, it no longer constitutes a barrier to the approval of the application trademark's registration. Hence, the application trademark can be preliminarily approved for registration. 
It was rejected, but was approved after a review.
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