Recently, the China National Intellectual Property Administration (CNIPA) issued the Decision of Revocation Review No. 商评字 [2022] 第0000332131号, deciding to revoke the registration of Trademark No. 14044784 “冷魔方” in respect of the following goods:

1、Shower water heaters;2、Disinfection cabinets;3、Portable heaters;

4、Ventilation equipment and devices (air conditioning);5、Gas stoves;

6、Bathroom ceiling heaters (“浴霸”);7、Exhaust fans;8、Range hoods for kitchens;9、Refrigerators.

The decision supported the grounds of the trademark revocation applicant.

Beijing Tangsong Yongxin Intellectual Property Agency Co., Ltd. was entrusted by its client to act as the agent for the respondent (the party who was the trademark revocation applicant in the original trademark revocation procedure) in the above case.

Key highlights of this case:

In non-use cancellation cases involving a three-year period, if the trademark owner is able to produce evidence of use, the revocation applicant often faces a very unfavorable situation. In this case, the trademark owner submitted to CNIPA ten items of evidence, including: product design contracts, personal bank account statements, product processing contracts, WeChat Pay transfer electronic receipts, notarized power of attorney with timestamp, trusted timestamp certificates, product purchase and sales contracts, additional WeChat Pay transfer receipts, account statements, Tmall flagship store label stickers, and further product purchase and sales contracts.The agent for the trademark revocation applicant carefully analyzed the evidence provided by the trademark owner, identified defects therein, and successfully invalidated the trademark owner’s claimed use evidence. As a result, the applicant obtained support from CNIPA in both the trademark revocation procedure and the subsequent revocation review procedure.