After an enterprise or individual submits a trademark registration application to the Trademark Office, if the trademark is objected to by others within the objection period, the applicant must submit an objection defense letter in a timely manner. Today I will share with you the successful case. The application for a trademark was maliciously objected to a foreign company. Through the analysis of the scope of trademark approval, our trademark will be successfully approved.
case review
respondent applied for registration in April 2019 on the 18th category " sports bag ; handbag; briefcase; travel bag; travel bag; artificial leather case; wallet (wallet); travel wardrobe; bag; baby backpack" and other commodity items, and was objected to the "LYFT" trademark of in September 2019 issue of preliminary examination announcement by Left Company. The respondent submitted an objection reply to the Trademark Office.
Trademark Comparison Chart
Facts and reasons
1. The objected trademark "LYFT" was filed by the respondent in April 2019 to State Trademark Office . After review, the initial trial announcement was made in September 2019, which fully proved that there was no prior trademark right that conflicted with the objected trademark. As of the time when the reasons for this case were submitted, the respondent still had the prior right to apply for a registered trademark in Class 18 "sports bag; handbags; briefcases; travel boxes; canvas backpacks; artificial leather case; wallets (wallets); travel wardrobe bags; bags; baby backpacks" and other products.
2. The scope of use of the objected trademark is 18 categories: "sports bag; handbag; briefcase; travel case; canvas backpack; artificial leather case; wallet (wallet); travel wardrobe bag; bag; baby backpack". The scope of use of cited trademarks is 9 categories of "computer software that coordinates transportation services". The scope of use of the cited trademark 2 is 39 category "Transport passengers; use engines and vehicles to transport passengers". The scope of use of the cited trademark 3 is 9 categories of "electronic information alert software for business opportunities, best matching services and matching job services (used to contact transportation service providers and individuals and teams using transportation services, arrange and book transportation services, send and receive electronic information, join social networks and open web pages); computer software for coordinating transportation services".
is approved for use by the objection trademark and is all luggage products, while the scope of use of the cited trademark is passenger transportation and passenger transportation related software, and has no slight correlation with luggage products.
3. "LYFT" is created by the respondent. Since its creation, the brand has been widely used in advertising and commercial activities. After long-term publicity and use, the sales volume is good, the praise is constantly increasing, the significance is constantly increasing, and the popularity is constantly increasing. It has established a unique and corresponding close connection with the respondent.
4. Based on the basic principles of my country's " Trademark Law ", the registration of an objected trademark does not conflict with any trademark and will not have a serious impact on the objector, consumers and the market. Normal and legal registration should be protected.
5. The objector's reasons for objection lack legal basis and factual basis, and is a malicious objection to the respondent's legal trademark rights.
ruling result
Because the trademark was carefully analyzed, organized and well-founded, the Trademark Office finally ruled to register the "LYFT" trademark.
case enlightenment
Through the case of "LYFT" trademark being maliciously objected to a foreign company, we can see that when a trademark is objected, we should find the most significant difference between the applied trademark and the cited trademark and defend the difference. In this case, the applicant's trademark is completely different from the scope of use approved by each cited trademark. If we find this point, we can easily win our defense.
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