Demandant: Quanzhou City Jingtaixuan Clothing Technology Co,. LTD., No.18, Tanghou Village, Baogai Town, Shishi County, Quanzhou City, Fujian Province.
Defendant: National Intellectual Property Administration (CNIPA), No.6, West Tucheng Road, Jimen Bridge, Haidian District, Beijing.
The defendant's decision holds that the litigation trademark "SHOLEO及图" and "尚略SHOLEO" Trademark of No. 11300909 and "SHALEG" Trademark of No. 7304189 (hereinafter referred to as "cited trademarks I and II)" constitute similar trademarks used on the same or similar goods, and have constituted the situation referred to in Article 30 of the Commercial Mark Law of the People's Republic of China (hereinafter referred to as "Trademark Law"), The application for registration of the litigation trademark on the reexamined goods shall be rejected.
The Court finds that:
The focus of this case is whether the litigation trademark violates the provisions of Article 30 of the Trademark Law. In this case, in view of the fact that the demandant has signed a trademark coexistence agreement with the owner of the cited trademark, the demandant agrees that the litigation trademark shall be registered on the specified goods of category 25 "belt (for clothing), clothing, swimsuit, finished clothing, wedding dress, baby suit, shoes, cap, socks, gloves (clothing)", and there are certain differences between the litigation trademark and the cited trademark. Therefore, it should be considered that the co-existence of the litigation trademark and the cited trademark will not lead to consumers' confusion and misunderstanding. The litigation trademark and the cited trademark do not constitute the similar trademark used in the same or similar goods.
To sum up, the demandent's reasons for action are partially established and the court supports its claim. In view of the fact that the co-existence agreement of the trademark submitted by the demandent in the lawsuit is sufficient to influence the conclusion of the case, the obstacle to trademark registration in the lawsuit has changed, and the Court hereby quits the decision of the defendant. The defendant should re-examine the case and make a decision on the basis of new facts, but the case fee is still borne by the demandent. In accordance with the provisions of Article 70 (1) and (2) of the Administrative Procedure Law of the People's Republic of China, the Court's judgment is as follows: 1. The reexamination decision on trademark rejection of "SHOLEO of "No. 35756936 made by the Defendant, National Intellectual Property Administration shall be revoked; 2. The defendant, the State National Property Office of the People's Republic of China, made a new decision on the plaintiff's application for rejection and reexamination of the trademark "SHOLEO and Graph "no. 35756936 filed by Quanzhou Jingtai Xuan Clothing Technology Co., LTD.
