Recently, the Beijing no 1 intermediate court in Italy's famous luxury brand company refuses to love MaShi company Birkin about "shang judges Kelly bag bag" and "stereoscopic trademark reexamination decision in two reject verdict. Love MaShi company lose trial.Italian company according to the specified MaShi love in the use of 18 "leather and imitations of leather, leather (special box, gloves and belt except), bags, handbags, traveling bags, such as the goods bag" Birkin "bag" and "bag" Kelly stereoscopic trademarks in China for territorial extension forward to protect application. The decision rejecting the application, make trademark reject the application. Love MaShi company refuses to make the decision rejecting the application, the trademark to the contractor, apply for the reexamination judges. Traders judges examined, "said Kelly" and "Birkin bag bag bag" stereoscopic trademark for goods such as the exterior design graphics, used in the assigned commodities trademarks, lack of significant difference, a source of goods, so these trademarks in China for territorial extension shall be rejected for protection. The proof of the evidence material submitted to the application for trademark use has obtained through have significant. Accordingly, to dismiss trademark reexamination decision judges, rejected MaShi company about the love of two stereoscopic trademark application. Love MaShi company refuses to dismiss the contractor judges decision, to the Beijing no 1 intermediate people's court administrative litigation.
Beijing YiZhongYuan by hearing, "said Kelly" and "Birkin bag bag" used for designated stereoscopic trademarks of such goods three-dimensional symbols. This symbol consists mainly of body, the switch on the part of body parts and handle. In two stereoscopic trademark design, package bodies contour line and handle, partly by the switch on the part of body by solid line said. In the trial, love MaShi company said the two stereoscopic trademark protection requirement is solid line of the switch on the body parts, this area has remarkable characteristics. However, China's trademark law and the implementing rules of the trademark law of stereoscopic trademarks are not stipulated in the local protection and so on two trademark is still on the overall appearance should be registered according to law shall decide whether to protect.
In this case, although two stereoscopic trademark inclusions in certain parts of the switch of unique design, but the design more is the functional characteristics specified. From the overall consideration of two stereoscopic trademarks trademark, lack of significant enough to make relevant public distinguish commodities sources. In addition, the plaintiff did not submit sufficient evidence to prove two stereoscopic trademark in the People's Republic of China after long-term use has achieved remarkable characteristics.
In conclusion, YiZhongYuan judgment to the contractor judges maintain two trademark reexamination decision rejected
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