Our company successfully obtained the brand trademark “Topway “for customer
But the State Trademark Office made a partial rejection of the application for registration of the trademark in December 2011, dismissed the use of "books, printed matter, printed publications, children's books with electronic sound devices" The reason for the refusal is that this trademark was similar with No. 5258427 “Topway "trademark of Shandong Star X Culture Development Co., Ltd. (hereinafter referred to as 'Star X Company') on the preliminary examination and announcement
However, in fact, as early as 2009, Miss Han, the relevant person in charge of Topway company made an objection on the Star X company's " Topway " trademark, the reason for the refusal is that Star X applied unreasonable preemptive registration for trademark which has a certain reputation and first used by counterparts. The Star X Company’s "Topway” trademark should not be approved for registration, because this behavior clearly disobeyed the relevant provisions of "Trademark Law" and the principle of good faith of the "General Principles of Civil Law". But the State Trademark Office thought Miss Han's objection is ineffective because lack evidence, the Star X's “Topway “trademark was approved to register.
Miss Han was dissatisfied with the results, so consulted our company for matter of the treatment program. After a detailed understanding and analysis, we thought that it would inevitably hinder the company's original brand “Topway English”, if Star X's “Topway “trademark registered successfully. Therefore, we proposed two suggestions to Miss Han. First, filed objection review to the State Trademark Bureau review committee, and urged the Review Committee to adjudicate Star X company No. 5258427 "Topway" trademark was not approved to register. Second, promptly dismissed the application for review, after received rejection notices about dismissing Topway Company the "Topway English, graphics" trademark application as the reference to Star X Company "China Research" trademark.
Miss Han agreed with our proposal, our company guided Miss Han to collect evidence from various sources and organize detailed and reasonable evidence, filed objection review application for the Star X company "Topway" trademark. Less than a month, Topway Company received a part of the rejection notice of "Topway English, graphics" the trademark. The rejected the citation of the reason is Star X's “Topway “trademark as we expected.
The Topway Company commissioned us to handle the dismissal review application, our company argued Star X applied unreasonable preemptive registration for trademark which has a certain reputation and first used by counterparts. The Star X Company’s "Topway” trademark should not be approved for registration.Therefore it was not a legitimate reason to refuse the Topway Company to register the "Topway English, graphics" the trademark and the Topway Company filed the objection to the review for Star X Company’s "Topway” trademark within the statutory period. We request the Review committee to review the application for re-examination after the dissenting review.
Finally, the Review committee ruled that Ms. Han's review of the reasons was effective. The Star X company No. 5258427 "Topway” trademark was not approved for registration in the objection review case. Subsequently, the Topway Company also received the "Notice of dismissal of review decision" about “Topway English, graphics" trademark. The Review committee decided to publish first trial announcement for the trademark. We successfully obtained the exclusive right of more than 10 years brand value and protected the legitimate rights and interests for customers.