"Crayon Small New" Trademark Was Revoked

Because the trademark has been dormant and unused for 3 consecutive years, a Japanese cartoon character "crayon small new" trademark held by a Chinese company has been ordered to withdraw by the commercial jury. Yesterday, the reporter was informed that the first instance of the municipal court rejected the company's claim and maintained the decision made by the jury.

In January 1996, a Guangzhou eyeglasses company put forward the application of "crayon small new" graphic and character trademarks, and was allowed to register in June 21, 1997. In May 18, 2004, with the approval of the Business Bureau, the Guangzhou eyeglasses company spanferred the "crayon small new" trademark to Jiangsu's Shishui County Shi Fu Economic Development Co., Ltd. (hereinafter referred to as World Fortune). In May 24, 2010, the trademark was approved by the Trademark Office and spanferred to Jiangsu crayon Xiao Xin Clothing Co., Ltd.

It is understood that in February 25, 2004 of this year, the international film company had asked to cancel the "crayon small new" trademark. The company claims to be the author of the Crayon Shin and relevant rights holders, and applies the trademark revocation application to the Trademark Office, requesting the judges to withdraw the trademark on the grounds that the "crayon Xiao Xin" graphic and character trademarks cease to be used for 3 consecutive years. In September 2005, the Trademark Office decided to maintain the trademark to remain valid, and the international film company refused to accept the application for reexamination to the business jury. 5 years later, the business jury decided that the trademark "crayon Xiao Xin" had not been used in the sense of trademark law during the prescribed period, so the trademark was revoked.

At the time of the cancellation, because the "crayon small new" trademark had been spanferred to the crayon new clothing company, the company filed a lawsuit against the court, pointing out that the business jury had identified the facts and applied legal errors, and demanded that the court withdraw it.

According to the court's trial, according to the trademark law, the registered trademark, which has ceased to be used for 3 consecutive years, shall be ordered by the Trademark Office to make corrections within a specified time or to cancel a registered trademark. Since Shi Fu company did not give sufficient evidence to prove that the trademark was actually used in commercial business within a specified time limit, it led to the court finding that the lawsuit of the crayon new clothing company was lack of factual basis, and the company's lawsuit was dismissed and the decision of the jury was revoked.

Since the trademark is registered in baby clothing, if the judgment comes into effect, it means that the baby garments of the crayon little new trademark will no longer appear in the market.