On June 12, 2019, after communicating with the consultant from Yajia IP, Linhai Yuji Automobile Fittings Co., Ltd. (hereafter referred to as Yuji Company) confirmed brand protection of the trademark “Chepinlian” registered in 14 categories including the 37th and the 12th , and both parties communicated and confirmed the possible risks and solutions in advance.
In October 2019, the National Intellectual Property Administration (Trademark Office) rejected the application of Chepinlian trademark in 7 categories including the 37th and the 20th, and at the same time approved the trademark registration in 7 categories including the 3rd and the 35th.
The major reason of rejecting registration in those categories is:
“The trademark used in the assigned goods project is only to directly reveal the goods project’s function and other characteristics, and shall not be registered as trademark”.
The reason why the registration in the above 7 categories is reviewed as not constituted. Within the re-review term, Yajia IP consultant, as agent of Yuji Company, proposed the reason of review.
Core opinion of review:
“The trademark in this case is not existing word, but a neology created by the applicant and uniquely designed with a trademark’s basic function of being distinguishable.”
When it is used commercially, consumers concerned will not treat the trademark in the case as a general name, but a brand. So it meets the minimum requirements for trademark as being distinguishable in the Trademark Law, and the registration of this trademark should be approved.
Trademark of 7 categories once rejected are all supported by the Trademark Review and Adjudication Board, it means the registration of the trademark in all the 7 re-reviewed categories should be approved.
