Guangzhou Zekai Information Technology co., LTD entrusted Gaowo to represent the opposition against “
”with No.21953320 in class 18 in the name of Guangzhou Mating clothing co., LTD, and Gaowo succeeded in safeguarding its legal rights.
Guangzhou Zekai leather co., LTD is the sole legal agent in China authorized by Italian fox group co., LTD which assigned the leather brand trademarks ”狐狸/金狐狸/FOXER” to Guangzhou Zekai leather co., LTD and authorized it to produce and sell leather products bearing trademarks “狐狸/金狐狸/FOXER”and its brand LOGO. And “狐狸/金狐狸/FOXER”trademarks were the unique brand which were prior used and created by the opponent. And the opponent has registered several similar trademarks in a number of classes in China. As a result, it has gained high popularity and market share after long-term use and promotion.
Besides, the opponent has joined forces with well-known platforms such as JD, joyo, dangdang, alibaba and VANCL to achieve mutually beneficial cooperation. Its "狐狸/FOXER" brands are all over major online shopping malls. Distributors and dealers are distributed all over the country. Its brand influence and product sales increase steadily.
And the opponent has registered successfully“狐狸、金狐狸、FOXER、device”trademarks in many classes such as class 26 and class 18. And it enjoys the irrefutable prior right of the " 狐狸" similar trademarks, which is the original creation of the opponent.
While the opposed trademark was filed on November 18, 2016. The "狐狸" similar trademarks of the opponent had already established high popularity and had a high influence before the opposed trademark was filed.
And the opposed mark and the cited marks of the opponent can be treated as similar trademarks in respect of similar products. So it is easy to arise confusion about goods origin if they coexist in the market.
Based on the reasonable and well-founded analysis of our attorney, the Trademark Office agreed on the disapproval for registration on products “animal skins / pelts; imitation leather; purses; travelling trunks; travelling bags; briefcases; suitcase handles; frames for umbrellas or parasols; fastenings for saddles”under No.21953320.
