Recently, the Beijing Intellectual Property Court made the first instance judgment (which has come into effect) for the administrative dispute over trademark cancellation review where we represented the plaintiff, a Japanese company X, against China National Intellectual Property Administration (hereinafter referred to as the CNIPA), revoking the sued ruling and ordering the defendant to remake a decision.
In this case, at the administrative stage, the CNIPA held that the evidence submitted by the client was insufficient to prove the effective use of the trademark, and ruled to revoke the registration of the client's trademark on some goods. We conducted a full analysis on the insufficiency of the evidence in the review stage for the goods that the trademark being revoked and refined our plan of collecting the evidence of use. By having the evidence preserved through notarization and making active supplementation to support the evidence submitted in the administrate stage, we formed a complete chain of evidence. Finally, the court accepted our evidence, overturning the decision made by the CNIPA, and maintaining the trademark on the goods that were ruled to be revoked previously.
In this case, at the administrative stage, the CNIPA held that the evidence submitted by the client was insufficient to prove the effective use of the trademark, and ruled to revoke the registration of the client's trademark on some goods. We conducted a full analysis on the insufficiency of the evidence in the review stage for the goods that the trademark being revoked and refined our plan of collecting the evidence of use. By having the evidence preserved through notarization and making active supplementation to support the evidence submitted in the administrate stage, we formed a complete chain of evidence. Finally, the court accepted our evidence, overturning the decision made by the CNIPA, and maintaining the trademark on the goods that were ruled to be revoked previously.