[Case Summary]

In 2019, Hals entrusted our company to apply for the registration of the Class 21 "Hershey OURS" trademark, however, Hershey Company filed an objection application during the first trial announcement of the aforementioned trademark. After analysis, we believe that the trademark cited by Hershey Company belongs to Class 30, and the evidence materials provided by Hershey Company can only prove the popularity of its trademark in Class 30 "chocolate" product, which is not similar to the trademark goods mentioned in Class 21, and has no direct correlation. Hales applied for the "Hershey HaoShi" trademark in Class 21 and approved the registration in 2011, stating that the trademark is a supplementary application to the original trademark, and its application behavior is reasonable and will not cause consumer confusion. Based on the above analysis, we believe that we should actively plead for trademark rights.

[Result of Trial]

The objection to this case has now been heard, and the Trademark Office supports and recognizes our proposition, and ruled that the defense was successful. The Trademark Office believes that the goods specified by the trademarks of both parties have certain differences and do not constitute similar trademarks, and the 21 categories of "Hershey OURS" trademarks are approved for registration.

[Case Analysis]

The preliminary examination of the trademark is only the first step in the process of obtaining the trademark right, in order to facilitate the prior right holder and the public supervision, the Trademark Law provides for the objection application system, that is, within the three months of the preliminary examination announcement, the prior right holder, interested parties, etc., can file an objection application to the Trademark Office, and raise the objection reason to further review whether the trademark right can be approved for registration. In recent years, the public's awareness of rights has been increasingly strengthened, and the number of trademark opposition applications has also gradually increased. If you receive a notice of trademark opposition defense, it is also a common phenomenon, do not panic, and we will analyze the reasons of the other side to maximize the space to fight for rights.