On behalf of Beijing Maoxiaoyuan Coffee Culture co. LTD, Gaowo filed the invalidation declaration against the trademark“猫小院 MAOXIAOYUAN and device”(the proposed mark) under No.17437137 and succeeded in safeguarding its legal rights.
Located in Beijing, the “猫小院”，meaning “cat courtyard”,is a stylish cat-themed restaurant and once attracted CCTV one and CCTV two to come to interview and was praised by Beijing TV finance channel, China education and other relevant TV programs. And the “猫小院”brand of the applicant has gained high popularity and good reputation among the public after extensive use and promotion for a long time in Beijing. And the respondent has lived in Beijing for a period before the application date of the proposed mark during which the “猫小院”became popular in Beijing. Thus the registration application for the proposed mark of the respondent constituted the rush registration of a famous trademark of the applicant.
The proposed mark was used on coffee shops and restaurants which are similar to those of the applicant, which would easily make the public confused about the proposed mark and the popular and influential mark or trade name
Thus it damages the applicant's right of trade name and constitutes rush registration of a popular trademark of the applicant.
Thus after checking, the TRAB decides to invalidate the mark “猫小院 MAOXIAOYUAN and device”under No.17437137.
