Appellant: Liu Yonggao, male, born on January 7, 1976, Han Nationality, residing at No. 3, Yuzhou Road, Yuzhou District, Yulin, Guangxi Zhuang Autonomous Region.
Appellee: National Intellectual Property Administration (CNIPA), No.6, West Tucheng Road, Jimen Bridge, Haidian District, Beijing.
The defendant decides that the application for registration of the trademark litigation violates the provisions of Article 30 of the Trademark Law of the People's Republic of China, and rejects the application for registration of the trademark litigation in review service.
The Court holds that, in view of the fact that the trademark cited in this case is invalid because the term of exclusive right to use a registered trademark has expired and has been extended, the right obstacle of trademark litigation registration in the lawsuit has changed, and has affected the outcome of the case, the court hereby cancels the decision of being sued. The appellee should re-examine and make a decision on the basis of new facts, but the case fee is still borne by the appellant. To sum up, in accordance with Article 70 (1) and (2) of the Administrative Procedure Law of the People's Republic of China and Article 28 of the Provisions of the Supreme People's Court on Some Issues concerning the Trial of Administrative Cases concerning the Confirmation of Trademark Authorization, the Court makes the following judgment:
I. Revocation of the Commercial Evaluation [2019] No. 0000302670 issued by the State Intellectual Property Administration regarding the rejection of the trademark "95°缘 BAKERY ENJOY MYLIFE" of No. 36247843;
Ⅱ. The appellee, National Intellectual Property Administration (CNIPA) made a new decision on the appellant Liu Yonggao's application to reject the reexamination of the trademark "95°缘 BAKERY ENJOY MY LIFE" of No. 36247843.
The case fee of 100 yuan shall be borne by the appellant liu Yonggao.
If the parties are not satisfied with this judgment, they may, within 15 days from the date of service of this judgment, submit the appeal petition and a copy to this court and pay the case fee of 100 yuan to the Beijing Higher People's Court.
