[Case Summary]

Qiuziyi Company successfully registered the "Xiangying" trademark in 2021, and Chen filed an application for invalidation of the trademark in 2022. The main reason is that the services designated for use in the trademark are related to the previously registered "Xiangying XIANGYING " and "Xiangying Fashion XIANGYING" trademarks, which can easily cause confusion and misidentification among consumers. Our company accepts the commission of Qiuziyi Company to respond to the request for invalidation.

After analysis, we believe that the applicant cited their previously registered Class 25 trademark in the invalidation application materials, while our client's trademark is located in Class 35. Their submitted materials did not provide a detailed argument on the defendant's infringement of the applicant's prior rights and the relationship between the goods and services of the two trademarks, and the evidence they submitted is not sufficient to prove the fame of the prior trademark and the actual use of the cited trademark in Class 35. The respondent has entrusted us to actively defend against this.

[Result of Trial]

After the trial of this case, the Trademark Review and Adjudication Board finally determined that the defendant's defense reasons were valid, the defense was successful, and the disputed trademark was upheld. The commercial evaluation committee believes that all services such as the exhibition of goods approved for use with the disputed trademark and the clothing and other goods approved for use with the cited trademark do not belong to similar goods and services and do not constitute similar trademarks. And the invalidation declarant believes that there is insufficient evidence to support the claim that the registered trademark has infringed upon their prior rights.

[Case Analysis]

The invalidation declaration of a registered trademark is a system in which the trademark authority declares the invalidity of a registered trademark that violates the provisions of the Trademark Law and should not have been registered according to legal procedures. The Trademark Law clearly stipulates the reasons for absolute invalidity and relative invalidity, and trademark owners can legally protect their rights and interests in accordance with relevant regulations. As the defendant, if encountering such a situation, one should also carefully study the evidence in accordance with the law, determine whether the proof purpose can be achieved, and actively defend.