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-- Focus of the case
The respondent had filed an appeal against the decision of Three-Year Non-Use cancellation concerning the aforementioned trademark (“trademark in question”). The applicant did not receive the official notification of providing of use evidence issued by the CNIPA due to the change of its address, and they failed to submit the evidence which results in the invalidation of the trademark in question.
-- Introduction of the Case
Trademark in question: Chinese translation of “Legend”
Applicant: Legend Huayu Technology (Beijing) Co., Ltd.
Respondent: WEMADE ENTERTAINMENT CO.,LTD.
Main grounds: the applicant has submitted published, true and legal commercial use evidence bearing with trademark in question, that are used on the approved goods within the prescribed time. The registration of the trademark in question has been maintained eventually.
-- Judgment Result
Upon examination, the Trademark Review and Adjudication Board concluded that the evidence submitted by the applicant has formed a complete and effective chain of evidence, that can prove that the applicant has used the trademark on "computers, recorded computer programs" and other commodities in the legal way during the specified period. The registration of the trademark in question has been maintained accordingly.
In addition to assisting the applicant to collect evidence of the trademark's common use in sales contracts, invoices and other commodity trading documents and commodities, the attorney also requires the applicant to submit the recordal certificates of the computer software work (copyright). Although these are not the evidence of trademark which has been directly used in commercial activities, only when the software works have been actually developed, and been created as the computer software, the works are able to be recorded according to the related provisions. It thus can prove that the applicant has the true intension to use the trademark in question. And also there is the necessary preparations for actual use. Furthermore, combined with the actual use evidence submitted by the applicant, such as the sales contract, invoices, and specific goods, formed an unbreakable chain of evidence, which has been supported by the TRAB.