The third party of this case Dongfeng(Shiyan) Automobile Oil Co.Ltd apply to register the trademark “Dongfeng Shuangyan”of No.3458321.The accuser of this case insisted that its trademark”Dongfeng”of No.110702 is a well-known trademark. The opposed trademark has infringed its legal interests,besides,it was similar to its trademark”Dongfeng” of No.133550,and has also infringed its prior trade name right.So the accuser raised an opposition application within the legal period.The Trademark Review and Adjudication Board under State Administration for Industry and Commerce considers that the accuser’s evidences cannot prove that the remarked trademark is known extensively by the public in China before the opposed trademark’s application.Besides,the opposed trademark is not similar to the remarked trademark for the differences as a whole between them.Article 31 of the trademark law says that the trade name protected should be famous to some extent,and it is conditional that the goods of two parties should be relevant closely and easy to lead a misunderstanding to the mass. In this case,the assuser can not prove that its trade name was of popularities to some extent before the opposed trademark’s application,in addition,the goods of the opposed trademark are not relevant to the goods of the accuser,so it will not cause misleadings to the mass.Finally,an ajudication of No.2011-22068 was made that the opposed trademark is permitted to be registered.
