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    The Registration Of Clothing Brand MLGB Is Invalid.

    2019/3/7 17:30:00 38

    Clothing BrandMLGBInvalid Registration

    In March 4th, according to the administrative judgment of the higher people's Court of Beijing, the trademark "MLGB" registered by Shanghai Jun Ke trading company was registered on 25 categories of clothing, shoes and hats and so on. It was declared invalid by the Trademark Review Board of the State Administration for Industry and Commerce (hereinafter referred to as the "business jury") in March 1st.

    Shanghai Jun Ke company applied for registration of the "MLGB" trademark in December 15, 2010. It was approved in December 28, 2011 and approved for use in twenty-fifth categories of clothing, wedding dresses, shoes, hats, socks, neckties, scarves, belts (clothing), sportswear, and baby clothes.

    The latter third Yao filed an application for the invalidation of the registered trademark to the Trademark Review and Adjudication Board.

    The main reason is that the controversial trademark is easy for people to think of uncivilized language. As a trademark, it is harmful to socialist morality and fashion, and has adverse effects on clothing, hats and other commodities.

    In November 9, 2016, the business jury confirmed that although the Shanghai Jun Ke company called the "MLGB" trademark referred to as' My Life 's Getting Better', the evidence submitted by Shanghai Jun Ke company is still hard to prove that the meaning has been widely recognized by the public, and the public is more likely to recognize MLGB as an uncivilized language.

    The letter combination of "MLGB" is widely used on social platforms such as Internet, with negative meaning and low style. As a trademark, it is harmful to the socialist moral trend, and is prone to produce adverse effects and be declared invalid.

    Shanghai Jun guest company disagrees, and brings administrative litigation to the intellectual property court of Beijing within the statutory time limit.

    Subsequently, the court of intellectual property of Beijing dismissed the claim of Shanghai Jun Ke company in first instance.

    The company refused to accept the appeal to the Beijing high court.

    The Supreme Court of Beijing believes that the controversial trademark in this case is made up of the letter "MLGB". In the case of a specific group in the network environment, when the meaning of "MLGB" refers to the adverse effects, it should be considered that the controversial trademark itself has a negative meaning and a low style.

    At the same time, taking into consideration the fact that Shanghai Jun Ke applied for "caonima" trademark while applying for a controversial trademark, its intention to cater for the unhealthy cultural tendency in a kitsch way was more obvious. In the actual use process, there existed a vulgar and vulgar commercial propaganda for the controversial trademark.

    Therefore, the court held that the original judgment was clear and the law was correct, so it rejected the appeal and upheld the original judgment.

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