The appellant is Shenzhen Tianyinghui Business Management Co., LTD., No. 416-417, Zhuoyue Building, 98 Fuhua 1st Road, Fuan Community, Futian Street, Futian District, Shenzhen City, Guangdong Province.
The appellee is National Intellectual Property Administration (CNIPA), No.6, West Tucheng Road, Jimen Bridge, Haidian District, Beijing.
The decision is a reexamination application filed by the National Intellectual Property Administration against Shenzhen Tianyinghui Company for its rejection of the trademark Office of the State Administration for Industry and Commerce (hereinafter referred to as the Trademark Office) for the trademark No. 32538119 "teaminh" (hereinafter referred to as the trademark in dispute).
In its decision, the CNIPA determined that the trademark "TEAMINN" No. 16420303 (hereinafter referred to as the cited trademark) was a valid registered trademark at the time of the trial of the case. The services such as advertising and accounting for the designated use of the trademark in dispute and the services such as advertising and business management assistance for the approved use of the cited trademark belong to the same or similar services. The trademark "teaminh" is similar in composition to the citation trademark "TBAMINN". The co-existence of the trademark in dispute and the cited trademark on the above-mentioned services may easily lead to confusion and misidentification of the service source by the relevant public, which has constituted the similar trademark used on the same or similar services.
Shenzhen Tianyinghui Company did not submit evidence to prove that the trademark in dispute can be distinguished from the cited trademark by use. Other trademark registration is not the case for trademark registration. Accordingly, in accordance with the provisions of Article 30 and Article 34 of the Trademark Law of the People's Republic of China (hereinafter referred to as the Trademark Law), the CNIPA has decided to reject the application for trademark registration in dispute.
In accordance with the Administrative Procedure Law of the People's Republic of China and other laws, the Court made the following judgments:
I. Revoking the decision of the defendant [2019] No. 2305159 on trademark Rejection of No. 32538119 "teaminh" made by CNIPA;
Ⅱ.The appellee, National Intellectual Property Administration (CNIPA), has made a new decision on the appellant's request for reexamination of the trademark "teaminh" No. 32538119 submitted by Shenzhen Tianyinghui Business Management Co., LTD.
