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What will be the result of a "turnaround" trademark colliding with a "turnaround" trademark?

author:McChip

Now when it comes to domestic second-hand trading platforms, you should first think of idle fish and turnaround, these two comprehensive second-hand application platforms occupy most of the market share of the second-hand trading market.

Founded in 2015, after several years of development, it also has a certain strength.

However, its own name has encountered difficulties in trademarking!

What will be the result of a "turnaround" trademark colliding with a "turnaround" trademark?

In 2017, 58.com (which is under the umbrella of 58.com) applied for the registration of the Trademark No. 24093322 "Transfer", which was rejected because the TRAB considered that it was similar to the "Transfer" trademark applied by Fujian Longxiang Yutian Media Co., Ltd. in July 2014.

This trademark belongs to class 45 and is a service trademark!

Up to now, there are a total of 1840 trademarks under 58 Tongcheng, and 33 trademarks related to transfer.

What will be the result of a "turnaround" trademark colliding with a "turnaround" trademark?
What will be the result of a "turnaround" trademark colliding with a "turnaround" trademark?

Subsequently, 58 Tongcheng immediately found that the "transfer" trademark similar to itself had been revoked and invalidated!

At that time, 58.com appealed to the Beijing Intellectual Property Court in January this year on the grounds that the "transfer" trademark had been revoked by the Trademark Office and that there were significant differences in word composition, meaning, and call with the "transfer" trademark, and did not constitute a similar trademark.

What will be the result of a "turnaround" trademark colliding with a "turnaround" trademark?

The Beijing Intellectual Property Court accepted the request for review and, after trial, held that:

1. The basic facts on which the decision to be sued was based in this case have changed, and if the state of the facts at the time the decision was sued is still the basis, considering whether the application for registration of the disputed trademark complies with the provisions of the law will lead to an obviously unfair result.

2. According to Item 7 of Article 91 of the Administrative Procedure Law of the People's Republic of China, where the legal document on which the original judgment or ruling was made is revoked or modified, the people's court shall retry it.

Therefore, the Beijing Municipal Higher People's Court was instructed to retry the case and suspend the enforcement of the original judgment during the retrial period.

So can this "transfer" trademark No. 24093322 pass the examination of the Trademark Office?

It also depends on what the trademark office thinks.

However, from the perspective of trademark registration, the trademark crash incident in 58 City is actually normal!

First of all, more and more people are registering trademarks, and some strange trademarks have been applied for registration, not to mention those trademarks with good names!

Turning: There should be a sense of resource conversion, which is also quite in line with the deep meaning of the reuse of two-hand transactions!

According to the query, the word "transfer" alone has more than 5,000 applications!

What will be the result of a "turnaround" trademark colliding with a "turnaround" trademark?

Second, there are thousands of Chinese characters and only 26 English letters, but the combination of thousands of Chinese characters is actually less than the Combination of English.

Like Chinese character trademarks, in order to ensure that the trademark is easy to remember, decent, and good in meaning, some commonly used words are generally used, so the combination of Chinese character trademarks is relatively small!

Third, it is still necessary to apply for a registered trademark as soon as possible, and the trademark belongs to the kind of turnip and a pit, less and less! A late step may not be related to you!

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