[Case Summary]

The applicant enjoys the prior copyright of "Easyon". After someone registered the trademark in Class 7, another company registered the "Easyon" trademark (referred to as the disputed trademark) in Class 12, which is almost identical to the applicant's prior work, on goods such as ships, ship steering devices, marine propellers, yachts, etc., which constitutes an infringement of the applicant's prior copyright. After monitoring the disputed trademark, I immediately notified the applicant to file a request for invalidation of the disputed trademark within the statutory deadline, and started preparing sufficient reasons and evidence materials for invalidation.

The final Trademark Review and Adjudication Board concluded after review that, firstly, the applicant has prior copyright in the work in question. Secondly, the disputed trademark is composed of "Easyon", which is highly similar to the applicant's work in terms of constituent elements, forms of expression, visual effects, etc., and constitutes a substantial approximation in the sense of copyright law. Finally, the applicant and the disputed trademark owner are located in similar regions and industries, and the disputed trademark owner may have had contact with the applicant's work. The respondent has not submitted evidence to prove that the disputed trademark was independently created by them.

In summary, the owner of the disputed trademark, without the permission or consent of the applicant, applied for registration of a work in which the applicant has copyright as a trademark, which has infringed upon the applicant's prior copyright and constitutes the situation of "infringing upon the current prior rights of others" as stipulated in Article 32 of the Trademark Law. Therefore, the disputed trademark shall be declared invalid.

[Case Analysis]

This case involves the infringement of prior copyright by a registered trademark. To determine whether two works constitute substantial similarity, comparisons can be made from aspects such as design elements, text composition, pattern layout, and overall visual effects. Special reminder: For newly created works, please register the copyright as soon as possible and keep the earliest proof of creation and evidence of continued use to resist future infringement by others.