Case Summary:

Dai Xueliang (hereinafter referred to as the "Applicant") submitted an application for the registration of the trademark "猿未来" (Yuán Wèilái) (hereinafter referred to as the "Disputed Trademark") on November 23, 2017. The trademark received approval for registration on January 21, 2020, and was designated for use in Class 42 for services including art appraisal. Citing relevant provisions under Articles 30 and 44(1) of the Trademark Law, CHISPO filed a request for invalidation of the Disputed Trademark. The Intellectual Property Office determined that the Applicant intentionally imitated and copied a renowned trademark belonging to one of CHISPO’s clients for dissimilar or unrelated goods. This conduct amounted to "acquiring registration through other improper means," culminating in the subsequent invalidation of the Disputed Trademark.

Legal Commentary:

In this case, the cited trademarks of "猿辅导" (Yuán Fǔdǎo) and "猿题库" (Yuán Tíkù) did not fully cover the designated services of the disputed trademark. Hence, in order to effectively challenge the validity of the disputed trademark, it was pivotal to demonstrate the malicious intent of the applicant, as stipulated in Article 44(1) of the Trademark Law. The successful outcome of this case also rested upon the substantial evidence CHISPO compiled, which substantiated the malicious nature of the applicant's actions. This case demonstrates the significance of evidence collection evidence in cases involving malicious intent.