Li Chen Willber Pan'S Tide Brand MLGB, Because " Hits The Vulgar Edge Ball " Is Sentenced The Trademark Invalid.

In March 1, 2019, the referee's official document issued a legal adjudication document of the Beijing Higher People's court, entitled "Shanghai Jun guest Trade Co., Ltd." and the administrative judgment of the second instance of the Trademark Review Committee of the State Administration for Industry and commerce.

The document ruled that the trademark MLGB of Shanghai Jun guest Trading Co., Ltd., "has its own negative meaning and low style", so the relevant trademarks should be declared null and void.

Consumers who care about fashion brands should not be too familiar with MLGB.

This is the private brand of NPC, a fashion brand shop created by artistes Willber Pan and Li Chen. It was applied for registration in December 15, 2010 and was approved and registered in December 2011.

According to the company's information, the trademark rights of NPC and MLGB belong to the Shanghai Jun guest trading company mentioned in the above-mentioned judgment documents.

Li Chen is currently the major shareholder of the company's shareholding ratio of 60%, and served as a supervisor, Willber Pan did not hold shares and posts in related companies.

The result of the referee is the result of the second instance of the relevant case.

The contents of the judicial documents show that in October 2015, Yao Yao, a member of the third party, filed an application for the invalidation of the MLGB registered trademark to the Trademark Review and Adjudication Board of the State Administration for Industry and Commerce (hereinafter referred to as the Trademark Review Board).

In November 2016, the Trademark Review and Adjudication Board confirmed that MLGB was used as a trademark and should be declared invalid.

After that, Shanghai Jun guest Trading Co. Ltd. filed an administrative lawsuit against the intellectual property court of Beijing.

The court of first instance of the Beijing intellectual property court decided that the Trademark Review and Adjudication Board should maintain the correctness of the dispute trademark, and therefore dismissed the claim.

The debate between the two parties involved in the case is whether MLGB is considered vulgar.

Shanghai Jun guest Trade Co., Ltd. insists that the MLGB letter combination used in the brand logo is the acronym for the English short sentence "My Life" s Getting Better (my life is getting better and better).

It also proves that the brand is a brand with good sales and market recognition and acceptance by presenting performance, tax payment, Taobao trademark protection and rights protection, and the use of "My Life 's Getting Better" in market publicity.

At the same time, the company also said that BYD, SB, NND, NMD, CD, CNM, MLB, NMB, NB, TMD, TNND, TNND, TMD, and so on have also been applied for registered trademarks, proving that there are a large number of similar registered trademarks both at home and abroad and in related industries, among which there are many well-known trademarks and well-known trademarks.

Yao has submitted a screenshot of "MLGB is a brand" and "MLGB" as the entry and explanation of the terms of the Internet language, in order to prove that the relevant terms have been considered uncivilized in the Internet dissemination, and therefore printed on clothing, hats and other clothing products will cause bad social impact.

Moreover, in the subsequent first instance proceedings, he also submitted the evidence of the successful registration of caonima and "Grass Mud Horse" trademark by Shanghai Jun guest Trading Co., Ltd. when applying for "MLGB" trademark, which was used to prove that the registered trademark of Shanghai Jun guest Trading Co. Ltd. was malicious.

According to the information of the Trademark Office of the State Intellectual Property Office, "caonima" is a trademark that Shanghai Jun guest Trade Co., Ltd. applied for registration in June 2009.

The supplementary evidence has also attracted the attention of the Beijing Higher People's court.

In the two judgment, he specifically referred to the intention of the registered trademark of Shanghai Jun Ke Trading Co., Ltd.: "taking into account that although the Shanghai Jun Ke company used English expressions together with the use of controversial trademarks, it also applied for" caonima "and other trademarks while applying for trademark disputes. Therefore, its intention to cater for unhealthy cultural tendencies in a kitsch way is more obvious. In the actual use process, there are cases of vulgar and vulgar commercial propaganda on controversial trademarks.

However, it is worth noting that the relevant judgments only cancelled the validity of Shanghai MLGB's trademark in twenty-fifth categories of commodities, namely clothing, wedding dresses, shoes, hats, socks, neckties, scarves, belts (clothing), sportswear, and baby garments.

According to the interface fashion, the results of the relevant trademark registration of the Trademark Office of the State Intellectual Property Office have been queried. Apart from the twenty-fifth categories of trademarks, MLGB has successfully registered trademarks in over 40 products and service categories, covering leather leather, jewelry watches, fitness equipment, daily chemicals, convenience food, tobacco smoking sets, beer beverages, office products, catering accommodation, medical, chemical, firearms and so on.

MLGB also has many extended trademarks, including MLGB MY LIFE 'S GETTING BETTER, MLGBOY, MLGBABY and so on.

These trademarks have been successfully registered in the 25 category, that is, the field of clothing products that MLGB is currently mainly involved in.

Author: Lou Qin