The sued decision: the National Intellectual Property Administration of the People’s Republic of China (CNIPA) refused the registration of the mark”衿童” with No.26853501(the proposed mark) filed by XIAODUIRENSHENG based on that the proposed mark constituted the situation referred to by Article 30 of Trademark Law.
The proposed mark: 
The cited mark:
The Court:Article 30 Where a trademark the registration of which has been applied for is not in conformity with the relevant provisions of this law, or it is identical with or similar to the trademark of another person that has, in respect of the same or similar goods, been registered or,after examination, preliminarily approved, the Trademark Office shall refuse the application and shall not publish the said trademark.
In this case, according to the evidences provided by the plaintiff XIAODUIRENSHENG, we can know that the cited mark has been canceled and the decision has taken effect. So the cited mark is no longer an obstacle for the registration of proposed mark and the defendant CNIPA should make a decision according to the new facts. Because changes have taken place to the facts based on which the sued decision is made and have a direct impact on whether the proposed mark can be registered, the sued decision should be canceled. And the CNIPA should make a new decision.Since the relevant facts occurred after the sued decision was made and were not caused by the CNIPA, the costs of accepting the case shall be borne by the plaintiff XIAODUIRENSHENG.
