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The Trademark Review Board Takes "DP" As The Industry Common Symbol.

2010/7/24 11:07:00 46

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For two years, the dispute between DP and trademark of Wuhan's Li and YOUNGOR group settled.

Recently, the state

State Administration for Industry and Commerce

The Trademark Review and Adjudication Board ruled that the trademark DP registered in 2003 was invalid.

In April 8, 2002, Wu Han applied for the registration of the DP trademark. In August 21, 2003, the trademark was approved for registration and approved for use in twenty-fifth categories of clothing and other commodities.

In 2008, Li sent a letter to YOUNGOR group, asking for consultation on the use of "DP". After that, he went to the Yinzhou branch of industry and commerce, asking for "fake".

For Li's request, YOUNGOR group filed a lawsuit against the Yinzhou District people's Court on the one hand, sued Li, and asked to confirm that it did not constitute a violation of the exclusive right of a registered trademark.

The Yinzhou District people's court made a first instance decision to support the appeal of YOUNGOR group.

On the other hand,

Youngor

Through the Ningbo Tianyi Trademark Office, the group submitted an application to the Trademark Review and Adjudication Board of the State Administration for Industry and commerce, calling for the 3137633 "DP" trademark to be revoked.

The main reason of YOUNGOR group is: the applied trademark DP is the abbreviation of the professional language "Durable press" in the clothing industry, meaning durable press or durable.

Anti wrinkle

After finishing the technology, the term DP has been used for a long time by the majority of garment enterprises, so that consumers can understand that the clothing marked with DP has the notable characteristics of ironing after washing.

Therefore, the controversial trademark only directly indicates the function and characteristics of the commodity. Its registration will cause obstacles to the rational use of DP in clothing enterprises, and it will cause huge losses to the applicants who have used the technology for many years.

The collegial panel of the Trademark Review and Adjudication Board has tried in accordance with the law. According to the interpretation of the word "DP" and other relevant evidence by the China Textile Press, it is possible to identify the professional term of the DP clothing industry, meaning durable press. This term is used only on clothing and other commodities. It only shows the functional characteristics of the commodity, and can not distinguish the role of the commodity source. At the same time, the word is used as a public symbol of the industry. If the applicant is allowed to get exclusive rights, it will hinder the legitimate use of the word by the operators in the same industry.

Therefore, the order No. 3137633 "DP" was revoked.

Reporters also learned that at present, YOUNGOR group has applied for "YOUNGOR DP" trademark.