"Chanel" Trademark Objection Case
The basic situation of this case: a company in Jiangsu (Sino foreign joint venture) applied for registration with the State Administration for Industry and Commerce Trademark Office on the 31 day of December 1992 to register the "Chanel" trademark on ninth categories of spectacles and accessories commodities (see Figure 1).
After examination by the Trademark Office, the "Chanel" trademark was preliminarily approved, and the preliminary verification announcement was issued in the 444th issue of the trademark notice.
During the objection period of the trademark, the French Chanelle limited objected to the "Chanel" trademark and was defended by the dissenters as scheduled.
CHANEL is a world-famous trademark, widely used in perfume, leather products, jewelry and other commodities, and has been registered in many countries, including China. It has been known to Chinese consumers. "Xia Er Er" is the Chinese name of "CHANEL".
The reason for the reply is that the "Chanel" trademark of the company is designated for use on spectacle products, and is not related to the "CHANEL" designation of the trade mark.
Objection ruling: according to the facts and reasons stated by the parties and the evidence provided, the Trademark Office has made a ruling.
The Trademark Office believes that the "CHANEL" trademark of the dissenters has a high reputation among Chinese consumers, and its Chinese plation "Chanelle" has also been known to the vast number of consumers.
"Chanelle?
It is very similar to the disputed trademark "Chanel". Although the designated commodity is different, it is also enough to cause consumers to misunderstand.
Therefore, the objection raised by the objection was established.
According to the nineteenth provision of the trademark law, the Trademark No. 698660th "Chanel", which has been preliminarily examined and approved, will not be approved for registration.
Case study: French CHANEL Co., Ltd.'s "CHANEL" trademark has been established for many years, and has been registered and enjoyed by consumers in many countries in the world.
Because its products are mainly based on perfume, leather products, jewelry and so on, plus its excellent quality and trademark itself, the reputation of "CHANEL" has been closely integrated with products, and has become a symbol of status and status.
Therefore, many female consumers have the highest pursuit of "CHANEL" products.
The "CHANEL" trademark can gain popularity in a wide range. Apart from its ubiquitous advertising campaign, many celebrities (especially the performing arts circles) are also competing to use their products and publicize them, so that the "CHANEL" brand will become famous.
"CHANEL", as a famous trademark brand in the world, also regards China as an important target for market development.
In recent years, products marked "CHANEL" have been appearing in China's market, making this trademark gradually known to Chinese consumers.
"Xia Er" is the Chinese plation of "CHANEL", and is known by Chinese consumers along with "CHANEL".
In the case, although the objection trademark is used on glasses and other commodities, it seems that the goods registered in France with Chanelle France Limited are not a category.
However, in today's society, glasses are not only a kind of medical functional accessories, but also more and more have a decorative function, becoming a favorite ornament for men and women.
If we approve the "Chanel" trademark on glasses and other commodities, it is very easy for consumers to mistaken for a series of products of French Chanelle company, resulting in the wrong purchase.
Therefore, the reasons for the objection of French Chanelle Limited are established.
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