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Trademark Against Honesty & Credibility Will Be Invalid---Zhengyu’s Successful Protection

02,16,2016

Guangzhou JiCaoYuanCosmetics Co., Ltd. (hereinafter refer to as JCYcompany) is a famous cosmetics enterprise, obtaining well-known brands such as "RONYME 容园美”, “草舍名院”. At present, JCYCompany owns more than 5000 franchise stores; its goods are distributed by nation-wide sales channels. 

One Zhongshan beverage company maliciouslyregistered the trademark No. 13038372 “容园美RONYM”, No. 12593075 “容园美RONYME” and No. 13158824 “容园美”(hereinafter refer to as disputed trademarks) respectively on class 29, 32, and 33. In order to protect its registered trademarks, JCY Companyentrusted Zhengyu to apply for opposition, believing that abovementioned 3 disputed trademarks are maliciously copycatted from JSY company registered trademark No. 3558723 “Rongyuanmei容园美” on class 3 with goods covering “facial cleanser, shampoo, body lotion, facial white cream, and make-up”. 

During this case, Zhengyuinsisted that 3 disputed trademarks were similar to registered trademark “Rongyuanmei容园美” in aspect of composition of characters, pronunciation and congregation appearance. Meanwhile, Zhengyu collected abundant evidences of registered trademark “Rongyuanmei容园美”, proving its creativity, popularity, and public-awareness. And by field investigation, Zhengyu submitted many evidences that Zhongshanbeverage company viciously registered many trademarks of others by improper means. Therefore, the 3 disputed trademarks should be disallowed to registration because of violating article 7 of Trademark Law that such conduct damages fair market competition order and principal of honesty and credibility. 

With endeavor by Zhengyu’s lawyer, in December 2015 the Trademark Bureau decided to announce that 3 disputed trademarks should not be registered. And we in then end successfully protected client’s profit.




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