On May 14, 2018, the South Korean company COCOBENE CO., LTD (Korean company) entrusted Yajia IP to register the trademark in Korean language in the 11th, 21st, and 35th categories.
The Trademark Office’s preliminary review announcement was on November 20, 2018, and on February 21, 2019, someone named LV from Zhejiang raised oppositions against all the above trademarks.
LV’s opinion was mainly that the trademark in the case shares the same meaning with the trademark in English language LV once registered and they form similar trademarks, so LV required the Trademark Office’s not approving the registration.
The reason of LV’s objection is studied as not constituted.
Although the meaning of the trademark in English language previously registered by LV was somehow related to that of the trademark in the case, other legal conditions should also be satisfied if the objection is accepted.
During the term of reply to the objection, Yajia IP consultant replied as agent of COCOBENE CO., LTD.
Core opinion:
1. The procedures of opposition by the opponent violates the Trademark Law;
2. Goods of trademarks of the respondent and the opponent are not similar;
3. The opponent’s proposition of malicious preregistration lacks factual basis.
As reviewed by the Trademark Review and Adjudication Board, the registration of opposed trademark in the 11th, 21st, and 35th categories shall be approved, and all the cases of reply are successful.
