Trademark Office of the State Administration for Industry and Commerce
(2010) Trademark Opposition No. 05168
Decision of Trademark Opposition on“英大”
Beijing Zhiyuan Intellectual Property Agency Ltd.
Shandong Yuanjian Trademark Agency Co., Ltd.
Beijing Zhiyuan Intellectual Property Agency Ltd. represented Shenguang Digital Wedding Photo Shop (hereinafter referred to as opposed party) and raised opposition on No. 4694553 trademark “英大”, which has passed our preliminary examination for approval, published in Trademark Gazette. Vol. 1150. The opposed party is Ren Meixiu, represented by Shandong Yuanjian Trademark Agency Co., Ltd. According to Article 30, Trademark Law of the People’s Republic of China, our Office accepted such case. Opposed Party made open reply within the stipulated period.
Our Office decided that the fact that opposed party applied for the registration of the trademark “英大”constitute the circumstance that the agent or representative of the person who is the owner of a trademark applies, without authorization, for the registration of the trademark in his own name.
According to Article 31 and Article 33, Trademark Law of the People’s Republic of China, our Office decided that: The opposition raised by opponent is confirmed, thus, the registration application of No. 4694553 trademark“英大”is not approved.
According to Article 33, Trademark Law of the People’s Republic of China, if the party involved does not accept such decision, he may submit an application for review to TRAB within 15 days.
August 15th, 2010