"Little Fat Sheep" Trademark Again Storm

        記者昨日了解到，“小肥羊”商標異議復審裁定糾紛一案中，作為第三人的內蒙古華程科貿有限責任公司不服北京市第一中級人民法院的行政判決，于日前向北京市高級人民法院依法提起上訴并已受理立案。

In February 8th, the first intermediate people's Court of Beijing decided against the Inner Mongolia Little Sheep Catering Chain Ltd's trademark review and Adjudication Board of the State Administration for Industry and commerce, and the Inner Mongolia Little Sheep Catering Chain Ltd won the lawsuit.

According to the court decision, the business jury will revoke the verdict of the trademark "small fat sheep" registered in Inner Mongolia Huacheng science and Trade Co., Ltd. in August 24, 2009 for its brand name of instant Lamb Soup and other condiments.

It is understood that the appeal request of Inner Mongolia Huacheng technology and Trade Co., Ltd. is: to cancel the administrative judgment of the first intermediate people's Court of Beijing, maintain the trademark objection reexamination ruling made by the Trademark Review and Adjudication Board of the first defendant, the State Administration for Industry and commerce, and order the appellant Inner Mongolia Little Sheep Catering Chain Ltd to bear the litigation costs of the first and second instance.

There are 3 main reasons for the appeal: the first intermediate people's Court of Beijing found the facts wrong in the first instance; the application of the law was wrong; and there was some mistake in the procedure of evidence identification.

The appellant requested the court of second instance to find out the circumstances of the case, to revoke the original trial or to send it back to the retrial or to change the sentence according to law.

The second instance will be heard in the higher people's Court of Beijing. The Inner Mongolia Little Sheep Catering Chain Ltd, the Trademark Review and Adjudication Board of the State Administration for Industry and commerce, and Inner Mongolia Huacheng technology and Trade Co., Ltd. will once again go to court to determine who will eventually have the registered trademark of "small fat sheep" with flavoring.