Dedication, "Qixia Apple Bailan Di" trademark application has been rejected

It is full of various, dazzling products in life, and each product has its own "business card" -trademark. As a business logo, the main role is to identify and distinguish the source of goods. In popular terms, it is to enable consumers to know who the product is through the trademark. Some trademarks are unique, and through the integrity of merchants, it not only represents the quality standards of its production goods, but also carry extensive goodwill and social identity. However, there are also some trademarks. Because the design is not standardized or deliberately playing the "side ball", it is easy to make relevant consumers misunderstood the quality, function, raw materials and other characteristics of their products.

Recently, the Beijing Intellectual Property Court concluded an administrative lawsuit on the rejection of trademark applications. Let's take a look at what is going on.

Simplified case

In the process of applying for a registered trademark "The Qixia Apple Brandy", the defendant's National Intellectual Property Office believed that the trademark violated the "Trademark Law of the People's Republic of China" (referred to as the Trademark Law) paragraph 10 (1) (7) item (7) item (7). It is stipulated that with deception, it is easy to make the public's misunderstanding of the characteristics of the product or the place of origin, so the application for the trademark is rejected. The plaintiff believed that its trademark was not deceived, and a lawsuit requested the decision to be revoked, and the defendant requested the defendant to make a decision.

52242572 "The Qixia Apple Brandy" trademark

The plaintiff complained that the plaintiff's original plaintiff was originally created by the plaintiff, and it was not deceived, and the trademarks containing "Apple" and "Apple" texts in similar products have been approved. register. After the use of claim trademarks, the corresponding relationship has been formed with the plaintiff, which will not misunderstand the relevant public. In summary, the court requested the decision to revoke the complaint in accordance with the law, and ordered the defendant to make a decision again.

The Beijing Intellectual Property Court considers that the case of the controversy in the case "The Qixia Apple Brandy" can usually be translated as "Qixia Apple Bailan Land". It is easy to use the characteristics of the component materials of the goods in the product of Bailan. Therefore, the contest trademark has constituted a deception, and it is easy to make the public's misunderstanding of the quality of the goods or the place of origin. At the same time, trademark review has a case, and the registration of other trademarks is not for the certain basis for registering the trademark in this case.

Therefore, the Beijing Intellectual Property Court decided to reject the plaintiff's claim. The plaintiff did not accept it, appealed to the court of second instance, and the second instance court maintained the first instance judgment.

French official interpretation

Article 10, paragraph 1, paragraph 7 of the Trademark Law in my country, is deceptive, and is likely to make the public's misunderstanding of the quality of the commodity or the place of origin, and shall not be used as a trademark.

This clause can be called the "deception" clause, and its determination should be considered from the following aspects:

1. The basis of judgment is objective. The basis of the judgment logo belt is to be deceived. The registration logo objectively indicates or describes the characteristics of the quality of the commodity or service. This description may cause the relevant public to have a wrong understanding. The subjective intentions of whether trademark applicants have subjective deceptions are usually not considered.

2. It is necessary to combine the specified goods or services. Only combined with goods or services can it play a function of identifying the source. The judgment signs should be deceived, based on the understanding of the meaning of the trademark logo, combined with the characteristics of the specified goods or services itself to make specific analysis and judgment.

3. Only the possibility of misunderstanding is required. When the judgment logo is deceived, the result does not require the result of the result of deception. As long as the registration sign itself has the possibility of misunderstanding the public, it is in line with the "deception" terms regulation.

4. Taking the public's daily life experience as the criterion. Judging whether the trademark logo has the standard of "deception" should be consistent with the general cognitive level and cognitive ability of the public.

5. Even if it is used, it cannot be registered. The "deception" clause belongs to the absolute ban on trademarks. The sign that constitutes the specifications of this clause shall not be used as a trademark, nor can it be registered by use.

In this case, the claim trademark is a text trademark, consisting of pinyin and English "The Qixia Apple Brandy", which can be translated into Chinese "Qixia Apple Bailan Land". In the above, according to the public's general cognitive level and cognitive ability, it is easy to think that the ingredients of the product contain "apple" or "Qixia Apple" in the ingredients of the product, and the evidence of the case is not enough to prove that the designated products such as Bailan Di produced by the plaintiff contain "Apple "Or the ingredients of" Qixia Apple ", this sign expressed the characteristics of the raw materials and quality of the designated goods, which is not consistent with the facts, which can easily make the relevant public a wrong understanding of the characteristics of the product. "Bailan factory with" Apple "ingredient.

In addition, due to Article 10, paragraph 1 of the Trademark Law, paragraph 7, paragraph 7 of the trademark disable clause, which constitutes the specification of the specification of the provision of the item, it shall not be used as a trademark. This logo has registered basis.

Presence

Trademark is an intangible asset of an enterprise.In order to improve the recognition and recognition of the product, when designing trademarks, trademark applicants often use some explicit or implicit expressions to convey the business philosophy of the enterprise and highlight the quality and place of origin of their products.This itself is understandable, but the trademark application cannot do whatever they want. If the applicant's expression of product characteristics deliberately separates from the actual situation of the goods sold, or some of the constituent elements used can easily make the relevant public's characteristics of the product misunderstood, it may invade the infringementThe public interest, including consumers, will not be allowed to register because of the "red line" of the "deception" clause.Enterprises or individuals should be more cautious when applying for trademarks. They actively avoid words that may cause misunderstandings to misunderstand and avoid touching the "deception" clause and cannot be registered.At the same time, consumers should also polish their eyes at that time and not be deceived by those irregular trademarks.

Supply: Beijing Intellectual Property Court

Edit: Li Meng Wangxi

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