[Case Summary]

Zhejiang Hals Company is an enterprise dedicated to the research and development, design, production, and sales of daily stainless steel vacuum insulation vessels. Founded in 1996, after more than 20 years of development, Hals has become one of the most influential professional manufacturers of stainless steel vacuum insulation vessels in China. The "SINO SINO" trademark applied for registration by Hals Company on goods such as "cups" in Class 21 was rejected due to the Trademark Office citing the previously registered Class 21 "SINO Home" and "SINO SINO" trademarks.

After analysis, we believe that Hals Company has a previously registered "SinoSino" trademark, and both the applied trademark and the cited trademark have prominent Chinese parts. There are overall differences in the trademark, and cited trademark two is still in the process of revocation, with a high possibility of revocation. Therefore, we recommend that the client actively review it.

[Result of Trial]

The re examination of this case has been completed, and the result is as follows: the re examination was partially successful.

After re examination by the Trademark Office, it was found that the cited trademark 2 no longer constitutes a prior right obstacle for the application of the trademark due to the revocation of trademark 3; The applied trademark and the cited trademark only constitute similar trademarks used on similar goods in some products. Therefore, the Trademark Office has ultimately decided to reject the registration application for the designated use of the trademark on "vases, cleaning mats" goods, and to preliminarily approve the registration application for the designated use of the trademark on other reviewed goods. 

[Case Analysis]

In the case of rejection of reexamination, when it is found that the cited trademark has been registered for three years but has not been used, an application for revocation of the trademark without use for three consecutive years can be filed. If the cited trademark is revoked, it no longer constitutes a prior right obstacle to the applied trademark, and the reexamination is successful. Therefore, for cases where the cited trademark is in the process of revocation, the applicant can actively review and request the trademark review department to suspend the review during the review. The review case can only be reviewed after the results of the cited trademark review are available, in order to improve the success rate of the review.