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Similar brand of different region deemed as legal and foreign famous trademark’s application for confirmation rejected

时间:2012-11-15
--- SUTHINK won the trademark defense case as an agency of Wenzhou Cantor H.V. Electric Manufacturing Co., Ltd
 
    China Trademark Office (CTMO) issued on June 19, 2010 the Decision on “canTor and Picture” Trademark Opposition, and decided after the opposing party Jianda Securities Partner’s application for opposition was considered, that the opposing party doesn’t have the sufficient evidence to prove the opposed party’s application for registering “canTor and Picture” trademark will damage its existing trademark right. The opposing party’s evidence isn’t sufficient to prove that its “CANTOR” trademark has been famous before the date of the opposed party’s application for registering the opposed trademark, and the opposing party can’t require its trademark be protected as a famous trademark according to Article 13 of the Trademark Law of the People’s Republic of China since the necessary facts are still unavailable as evidence.
    In fact, the opposed trademark’s letters “canTor” are just the components of the trade name adopted by the opposing party, and the use of standardized and common words can’t ensure an exclusive right. The precondition for the use of trade name to challenge trademark is that trade name and trademark are “completely or partly same”. Besides, the opposing party is an American entity, and its evidence can’t prove the “possible generation of the public confusion in China”, nor the actual existence of considerable reputation. In this trademark case, CTMO’s decision on its trademark right is prudently made on the sole basis of the related standards. Since the opposing party doesn’t access the preemptive trademark right, its application for confirming its trademark as famous trademark with the support of related foreign trademarks will find it hard to measure up to the requirements as provided in Article 14 of the Trademark Law of the People’s Republic of China. Obviously, CTMO doesn’t reject the domestic right holder’s legal application just because the opposing party has an overseas background or fails to use its trademark series in Chinese mainland, but instead takes the principle of regional trademark protection into full account. Based on these considerations, CTMO decides that the opposing party doesn’t have an acceptable basis of opposition, and the “canTor and Picture” trademark (No.5007403) is approved for registration.