Under the entrustment of Shanxi Yishou Seasoning Food Co., Ltd. (“the person who disagreed”), Meancare made an application to disagree with “Wangjialao” trademark. 

 

In this case, Meancare intellectual property team sorted out and organized full and accurate evidence materials and provided a comprehensive legal analysis: 

 

  1. The person who disagreed took R & D as the leader to carry out lean production, enjoying a great influential power in domestic and foreign counterparts and having won countless honors. In respect of this, the person who disagreed provided Enterprise Business License, Product Production License, Organization Code Certificate and part of honorary certificates achieved in science & technology, quality, reputation, social responsibility, etc. to help proving. 

 

2. Through a large amount of uses and promulgation in great effort by the person who disagreed, the reference trademark “Wangjialaochu” has already had very high notability and reputation nationwide. For which, the person who disagreed provided the trademark registration information for the reference trademark “Wangjialaochu” and evidence information showing that the reference trademark was used in a great deal over the country, including various packages, product pictures, promulgation information, contracts, invoices, etc. 

 

3. The reference trademark had very high notability and reputation and the disputed trademark “Wangjialao” was identical to the reference trademark “Wangjialaochu” for the first three characters. If the disputed trademark was used in such commodities as “vinegar, soybean sauce, condiments, pickles (condiments)”, it was bound to result in relevant general public confusing and misunderstanding, regarding that the disputed trademark was one of the trademark series of “Wangjialaochu” of the person who disagreed. The disputed trademark and the reference trademark constituted similarity on the same products. According to Article 28 of the Trademark Law (as modified in 2001), the disputed trademark should not be ratified. 

 

In consideration that Meancare intellectual property team carried out its agency work by carefully and comprehensively collecting all evidence information necessary for disagreement and making sufficient legal reason explanations and analyses based on such evidence information, the State Trademark Bureau finally supported the disagreement request of Meancare intellectual property team and made a trademark disagreement decision, deciding that the disagreement reasons presented by Meancare intellectual property team were reasonable. “Wangjialao” trademark used on such commodities as “vinegar, soybean sauce, condiments, pickles (condiments) and sauces” was not ratified and registered.