Beijing Higher People's Court
Administrative Judgement
(2019) 1498
The appellant (the plaintiff in the first trial) is Anqing Yindu Trading Co, LTD., Room 104, Unit 2, Building 83, Hongqi Community, No. 309 East Huazhong Road, Yingjiang District, Anqing City, Anhui Province.
The appellee (the defendant in the first trial) is National Intellectual Property Administration (CNIPA), No.6, West Tucheng Road, Jimen Bridge, Haidian District, Beijing.
The decision of the trademark review and adjudication board is made by the Trademark Review and Adjudication Board for rejecting the application for reexamination of the trademark of Yindu Company, found that: Given the Yindu Company specifically disclaims No. 24147789 "Changbai Mountain" brand group (hereinafter referred to as application for the trademark) in 3104 on the application for registration, therefore the decision of the Trademark Office of the State Administration for Industry and Commerce (hereinafter referred to as the Trademark Office) to reject the application for trademark registration on "Live animals; Shellfish (Live); Live poultry; Crawfish (Live)" has come into force.
The application for trademark on other commodities other than the above-mentioned commodities and the trademark No. 16213731 "Changbai Mountain" do not constitute the circumstances prescribed in Article 31 of the Trademark Law of the People's Republic of China of 2014 (hereinafter referred to as the Trademark Law). The application for a trademark in respect of other commodities other than the above-mentioned commodities and the "Changbai Mountain" trademark No. 1177639 (hereinafter referred to as "Cited Trademark 1") constitute the circumstances prescribed in Article 30 of the Trademark Law. In accordance with the provisions of Article 30 and Article 34 of the Trademark Law, the Trademark Review and Adjudication Board shall decide that the application for trademark registration shall be rejected.
In conclusion, in accordance with the first paragraph of Article 70 of the Administrative Procedure Law of the People's Republic of China, the judgment of the court is as follows:
1. The reexamination decision of the former Trademark Review and Adjudication Board of the State Administration for Industry and Commerce [2018] No. 236828 on the rejection of the "Changbai Mountain" trademark No. 24147789 shall be revoked.
2. The National Intellectual Property Administration (CNIPA) of the appellee made a new decision on the reexamination application rejected by the plaintiff, Anqing Yindu Trading Co, LTD. against the trademark No. 24147789 "Changbai Mountain".
The trial case of 100 yuan was bore by Anqing Yindu Trading Co, LTD. (Have paid). If any party is not satisfied with this judgment, he or it may, within 15 days from the date of service of this judgment, file an appeal petition with the court, a copy of which shall be submitted according to the number of the other parties, and the appeal fee of 100 yuan shall be paid in advance to the Beijing Higher People's Court.
