Language

Kunlun Tongtai was regained with Mingdun’s help

Recently, Mingdun Law Firm represented Kunlun Tongtai LLC. in the administrative dispute of trademark rejection review and the invalidation declaration dispute, successfully helping the client to invalidate the prior cited trademark registered in bad faith, and at the same time being making its core trademark approved for registration. The victory of these cases effectively safeguarded the client's brand and laid a solid foundation for the long-term development of the client's brand.

 

Shenzhen Kunlun Tongtai LLC. submitted an application of registration for its core trademark “Kunlun Tongtai was regained with Mingdun’s help (transliterated as Kunlun Tongtai”, same as its trade name) in class 35. Subsequently, the CNIPA rejected the trademark registration application on its main services on the grounds that the applied trademark was identical to the prior trademark No. 38297576 'Kunlun Tongtai was regained with Mingdun’s help' of Shanghai Mingnuo Electronic Technology Co., Ltd. Kunlun Tongtai LLC. filed an objection towards the cited mark, however, it was refused by the CNIPA. In order to protect its legitimate rights and interests, Shenzhen Kunlun Tongtai Company sought professional support from Mingdun.

 

Kunlun Tongtai mainly engaged in independent research and development, independent production and sales of human-computer interface products, providing users with integrated industrial automation solutions from hardware to software. After more than 20 years of development and continuous reform and innovation, Kunlun Tongtai has evolved from a complete upper computer configuration software to an independent product with supporting hardware platform and operating system. At present, the company not only realizes the diversification of products, but also enhances its own viability in the international context, which makes the 'Kunlun Tongtai' series products have stronger vitality in the competition with similar products. Its products sell well all over China, and the market share is gradually expanding.

 

'Kunlun Tongtai' is not only the trade name of Shenzhen Kunlun Tongtai LLC., but also its main trademark, which has been used continuously in commercial activities for many years. Its importance to the company is self-evident. Moreover, the registration of citation trademarks also seriously affects the normal business activities of the company.

 

After understanding the basic facts of the case, Mingdun believed that the client's rights should be protected, and then collected evidence in an all-round way with the client. The evidence we collect and fix mainly includes the invention of the trademark, prior use and popularity, and the bad faith of the prior trademark registrant. We have successively carried out in-depth and comprehensive excavation and fixation of the official website, trademark use place, product packaging, authorization letter, transaction documents, as well as the online publicity of Shanghai Mingnuo Electronic Technology Co., Ltd. Besides, we also collected the transaction documents and bills of Mingnuo and Kunlun Tongtai's Shanghai agent. All the evidence above were used to prove the fact that Shanghai Mingnuo preemptively registered well-known trademarks of others. After completing the evidence collection, Mingdun suggested that on one hand, the client could file an application for trademark invalidation against the registered 'Kunlun Tongtai' prior trademark in class 35 to remove the obstacles, and at the same time submit a new trademark registration application.

 

Shenzhen Kunlun Tongtai LLC. submitted an application of registration for trademark “Kunlun Tongtai was regained with Mingdun’s help” in class 35 to the CNIPA on June 4, 2021, and filed an invalidation against the malicious mark under No. 38297576 on August 17, 2021. Since the trademark invalidation procedure is much longer than the trademark registration application procedure, in order to maintain the validity of the applied trademark, the client then files a trademark review of refusal and litigation.

 

On August 16, 2022, Mingdun received a decision from the CNIPA, ruling that the cited mark has been invalidated in all the services. According to this decision, the court ruled that the CNIPA should make a new decision on the trademark application in class 35 by Kunlun Tongtai. So far, we have helped our client successfully combat trademark squatting, and at the same time will successfully register their own trademark in Class 35, safeguarding the legitimate rights and interests of the client.

 


  • Related information More
  • 点击次数: 15
    2023 - 03 - 20
    Trademark rights enforcement is an important way for trademark rights holders to combat all kinds of infringement, prevent the dilution of trademark rights, as well as actively protect their legitimate rights and interests. It is also one of the important ways to achieve the value of registered trademarks. According to the circumstances in which the infringement occurred, the legal procedures to which the infringing trademark belongs, the status of use and other factors, the trademark rights enforcement cases mainly include the following two types: TypeContentTrademark ownership dispute casesTrademark squatting means preemptively registering an enterprise trademark or a trademark similar to it on the same or similar goods/services; Or preemptively re...
  • 点击次数: 6
    2023 - 03 - 14
    Recently, Mingdun Law Firm represented Kunlun Tongtai LLC. in the administrative dispute of trademark rejection review and the invalidation declaration dispute, successfully helping the client to invalidate the prior cited trademark registered in bad faith, and at the same time being making its core trademark approved for registration. The victory of these cases effectively safeguarded the client's brand and laid a solid foundation for the long-term development of the client's brand. Shenzhen Kunlun Tongtai LLC. submitted an application of registration for its core trademark “” (transliterated as “Kunlun Tongtai”, same as its trade name) in class 35. Subsequently, the CNIPA rejected the trademark registratio...
  • 点击次数: 6
    2023 - 03 - 06
    In order to effectively implement the '14th Five-Year Plan for the Protection and Use of National Intellectual Property Rights', the Enterprise Trademark Management Committee of the Beijing Trademark Association established a writing group for the Guidelines for Enterprise Trademark Management. After bringing together many front-line trademarks practice experts from leading enterprises and trademark legal service institutions, and on the basis of full research, the writing team compiled the Guidelines for Enterprise Trademark Management (hereinafter referred to as the Guidelines).  On February 28, 2023, the Beijing Trademark Association held a press conference. The Guidelines was officially released. Mr. James Liu, as one of the editors-in-chief, ...
  • 点击次数: 16
    2023 - 01 - 30
    On 7 January 2023, Mr. Peter Brody, as Chair of the Legislation and Regulation Committee of the International Trademark Association (' INTA '), sent a congratulatory email to Ms. Yingying Zhu, partner of MINGDUN Law Firm. It is announced that Ms. Zhu has been selected by the INTA Legislation and Regulation Committee Asia Pacific Branch as an INTA High-Performing Committee Member and will be featured in an INTA Bulletin, and be highlighted in INTA’s social media. Ms. Yingying Zhu graduated from Peking University and University of California, Berkeley, USA. She is qualified as a lawyer in China and a lawyer in New York State, USA. She has worked for many years in the fields of IP strategy consulting and protection, anti-counterfeiting, data privacy and network security, IP litig...
× WeChat official account
Beijing Mingdun Law Firm www.mdlaw.cn
Copyright 2008 - 2020 Beijing Mingdun Law FirmRhino Cloud Provides Enterprise Cloud Services
X
1

QQ设置

3

SKYPE 设置

4

阿里旺旺设置

5

电话号码管理

6

二维码管理

展开