The Trademark of "Shu Tong" Is Judged Invalid, The Applicant Appealed to The Court
Recently, the Beijing Intellectual Property Court has accepted the administrative dispute case of "Shu Tong" trademark invalidation request.
Mumaren Corporation applied for the trademark in dispute on January 18, 2017, for registration in class 43 restaurant, hotel reservation and other services. It is now a valid registered trademark.
On August 1, 2019, Li Shutong Memorial Hall filed a request for invalidation to the National Intellectual Property Administration for claiming that the disputed trademark damaged its right of the name, and it was deceptive and disturbed the market order.
The National intellectual property Administration of the trial was thought that the "Hong Yi Memorial" as a tourist attraction and the education base has a certain reputation, Mumaren company is also located in Pinghu city, Zhejiang province, which is the same as "Hong Yi Memorial". Mumaren Company should know the situation, and as they do not have a subject association with the Hong Yi Memorial hall, it is tending to make consumers confused with the source and origin of the service. It constitutes the situation described in Paragraph 1 of Article 10 of the Trademark Law, ruling invalidation litigation trademark.
Mumaren company remains unconvinced by the ruling of the lawsuit to the Beijing Intellectual Property Court. At present, the case is further pending.