Review case of trademark rejection of "Xiangli"

2020-12-04

In November 2012, ZYIP represented Xiangli Electrical Products (Shenzhen) Co., Ltd. (applicant) to apply to the State Trademark Office for "Xiangli" in the 11th category of "lighting equipment and devices, germicidal lamps for air purification" and other commodities. "Trademark (, was rejected by the Trademark Office with the notice of rejection of the trademark No. ZC11756561BH1, and the reason for the rejection was that the trademark was similar to the registered trademark No. 806431 "Lixiang" on similar services. Therefore, according to the "Trademark Law" thirty-two Article stipulations shall be rejected.

The applicant refused to accept the rejection decision of the Trademark Office and entrusted ZYIP to file an application for rejection review with the Trademark Review and Adjudication Board in April 2014. Considering the high similarity between the applied trademark and the cited trademark, our agent investigated the use of the cited trademark. , found that it has not been actually used in the last three years, so when submitting the reexamination, it filed an application for three-year non-use cancellation for the commodity "metal pipe fittings" whose cited trademark conflicts with the applied trademark.

After the trial, the Trademark Review and Adjudication Board found out that the cited trademark No. 806431 "Lixiang" has been revoked by the Trademark Office because it has ceased to be used on the "metal pipe fittings" commodity for three consecutive years, and it no longer constitutes an application for a trademark. The right obstacle to be approved for registration, so the application for a trademark can be preliminarily approved.

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