Beijing intellectual property court,
administrative judgment
（2019）73 8703
The sued decision:
On May 8th, 2019, the National Intellectual Property Administration of the People’s Republic of China (CNIPA) made a decision to refuse the registration of the proposed mark “anena and device” with No.27598227 on the reviewed products according to Article 30 of Trademark Law.
Huangyan Jutai, the applicant of the proposed mark: the cited mark “ARENA” with No.9100741 had been canceled successfully for non-use for 3 consecutive years and had been published on Gazette 1662. So the applicant requested the Court to revoke the sued decision and order the CNIPA to make a new review decision.
The Court: based on the cancellation of the cited mark on all the products, the obstacles for the registration of the proposed mark had been changed and had affected the outcome of this case. So the Court revoked the sued decision. And the CNIPA shall make a new decision according to the new facts, but the cost of accepting the case shall still be paid by the Huangyan Jutai.
