1.Typical case of trademark opposition against the mark “宝鲁日” in 2023
Good news! The opposition case represented by Gaowo against the trademark “宝鲁日” was included into the Typical cases of trademark opposition and review by CNIPA in 2023.This opposition case regulated the behavior that damages the name rights of rural Internet celebrities and helped the new development of rural economy.
“宝鲁日” is a famous Internet celebrity as well as a food blogger.After knowing his name was rush-registered by others, he entrusted Gaowo to file opposition against the mark to protect his legitimate rights. And after examination, the CNIPA determined that the opposed mark infringed the prior name right of the opponent.
The brief introduction of the “宝鲁日” opposition case:
“宝鲁日” is the name of the opponent who is an online food blogger from the Inner Mongolia grasslands. And he has obtained high popularity and influence through launching blog or video and was rewarded many honors by authority. While the opposee, a trade limited company in Inner Mongolia, filed the opposed mark “宝鲁日” for registration on similar services. Besides, the opposee is also located in Inner Mongolia. So finally the CNIPA determined that the opposed mark infringed the prior name right of the opponent and refused it to registration.
The significance of the trademark case:
The trademark opposition case belongs to one of the typical cases reflecting that the application for trademark registration shall not cause damages to the existing prior rights (name right) of the others stipulated by Article 32 of Trademark Law.As the we-media develops, many rural internet celebrities like “宝鲁日” obtain certain popularity on internet by recording their local daily life on we-media and then promote the rural economic development through live stream marketing. And this opposition case protected the prior name right of the grassland tourism master, which shows that the balance of the Trademark Law between the trademark right and other prior rights. And meanwhile, it contained the acts that hampered the name rights of internet celebrities, facilitated the rural economic development and was of positive significance for rural revitalization.
2.One of top 10 cases of patent review invalidation in 2023
The utility model patent invalidation case of "a composite decorative board" represented by Gaowo Law Firm was selected as one of the"Top Ten Cases of Patent Review invalidation in 2023", which shows the professional strength and deep knowledge of Gaowo in IP field. And we will uphold in future the philosophy of creating value for clients wholeheartedly and escort the IPR for clients.
Under the double unfavorable conditions "three examination decisions to maintain the validity of the patent right, and patent examination following the principle of non bis in idem",our lawyers have in-depth communication and analysis with the client, fully understand the current situation of the client's industry and public technology, seek new directions for evidence retrieval and invalid strategies, and provide evidence, and analyze the facts determined by the effective judgment.Finally, all the claims of the patents involved were invalidated on creative grounds.
The significance of the patent case:
The utility model patent invalidation case named "a composite decorative board" was invalidated on its all patent rights.Combined with the comprehensive analysis of new evidence, the panel of this case interprets the application of the rule that "contrary evidence is sufficient to overturn the facts confirmed by the effective verdict", reflecting the importance of accurate identification of technical facts in patent cases.
This case illustrates how to grasp the category of "facts confirmed" by the effective verdict in the invalid procedure, and how to judge the rules and standards of "contrary evidence is sufficient to overturn a verdict". And it is of exemplary significance for future similar cases.
