Nanjing tuniu technology co., ltd. successfully invalidated the trademark of "Qingdao tuniu": it is not easy to be close to the brand!

Published by the State Intellectual Property Office on its official websiteTypical Cases of 2018 Trademark Review, in whichThe case of "Touniu" trademark invalidation has aroused widespread concern. Nanjing Tuniu Technology Co., Ltd. is a well-known tourism service company in the country. The company has done a lot of publicity on "to travel, find Tuniu" and registered the trademark of "Tuniu" on April 1, 2008, which is registered in the 39th category of tourism and other services.December 24, 2014Qingdao Baiyi Mingche Exchange Trading Co., Ltd.Proposed"Tuniu" trademarkApplication for Registration,4 July 2017Trademark OfficeDecision to be granted registration on objection(No.No. 16004180, hereinafter referred to as "Qingdao Touniu"), approved for use in No.Class 20 "folding recliners, cushions (except linen)" and other goods. On December 11, 2017, the trademark wasNanjing Touniu Technology Co., Ltd.(I. e. the applicant) makes a request for invalidation.

The applicant believes that"Tuniu" trademark is original and has strong significance. After a large number of extensive use and publicity, it has a certain popularity and influence in the tourism industry. Qingdao Tuniu is the applicant's No.Reproduction and plagiarism of the trademark "Tuniu" No. 6631862,Qingdao tuiu wireThe registration will dilute the applicantThe distinctiveness of the "Tuniu" trademark has caused consumers to misunderstand.

In the course of the trial, the original business judge held that the applicant's No.No. 6631862 "Touniu" TrademarkIn No.39 types of tourism and other services through long-term extensive publicity and sales, has been well known to the relevant public in China. "Qingdao Touniu" trademark andTrademarkThe text constitutes the same,"Qingdao Touniu" trademark approved use of goods is a necessary commodity in the tourism industry, and tourism and other services have a certain relevance. "Qingdao Touniu" trademark constitutes copy and plagiarism, registration and use of easy to mislead the public, resulting in the applicant's interests may be damaged. The registration of the "Qingdao Tuniu" trademark has constituted a situation of non-registration and prohibition of use as referred to in Article 13, paragraph 3 of the Trademark Law, and shall be declared invalid.

Article 13 of the Trademark Law“The holder of a trademark that is well known to the relevant public may request protection of a well-known trademark in accordance with the provisions of this Law when he considers that his rights have been infringed. If a trademark applied for registration in respect of the same or similar goods is a reproduction, imitation or translation of a well-known trademark not registered in China by others, which is likely to cause confusion, it shall not be registered and shall be prohibited from use. If a trademark applied for registration of different or dissimilar goods is a copy, imitation or translation of a well-known trademark already registered in China by another person, thereby misleading the public and causing possible harm to the interests of the registrant of the well-known trademark, it shall not be registered and shall be prohibited from use.Trademarks have the principle of classification registration, that is, the same words, patterns, etc. can be registered on different goods or services. If a trademark of a certain category has a certain popularity, others may register the same trademark in other categories to achieve the purpose of borrowing popularity. Obviously, this behavior is unreasonable, and this clause prohibits this behavior. When applying this clause, it is generally necessary to consider the actual situation of the trademark's popularity and consumer trading habits, and prohibit trademark registration that may damage the rights and interests of trademark owners and consumers, affect the order of the market economy and other adverse consequences. Under the premise of copying trademarks known to the public or having famous brands, the scope of protection should be moderately relaxed for well-known trademarks with high popularity, strong originality and used in daily consumer goods or services. The "Qingdao Touniu" trademark was applied for in 2014. At that time, the "Touniu" trademark of Nanjing Touniu Technology Co., Ltd. had already gained a certain popularity. It was impossible for the trademark applicant not to know the existence of the "Touniu" trademark. Subjectively, he was suspected of hitchhiking and rubbing heat. This clause should be applied and the trademark declared invalid.

Source: State Intellectual Property Office of the original Trademark Review and Adjudication Board website