After five years of development, Company A's chain stores in the country increased rapidly, more and more high visibility, so in December 18, 2004, Company A once again to the Trademark Office to apply for registration of the trademark "Little Sheep and graphic" (Class 42, catering services), the application by the preliminary examination and approval of the announcement. Company B filed an opposition to the Trademark Office on the grounds that the Trademark Office had rejected its trademark of "Little Sheep". The Trademark Office considered that Company A's trademark use of "Little Sheep" for many years had made the character distinctive, and ruled that Company B's opposition application should be rejected.
Please answer: (1) Combined with the trademark distinctiveness requirements, analyze the reasons for the Trademark Office to reject the opposition application of Company B.
(2) The trademark office has been rejecting the opposition application of Company A for many years.
(2) What legal measures can Company B take if it does not accept the Trademark Office's refusal?
View Answer Explanation Correct Answer (1) The key to determining the distinctive character of a trademark lies in grasping the uniqueness or markedness of the trademark. Regardless of whether the words, graphics or their combination is complex or simple, as long as it has certain characteristics, enough to distinguish it from other goods, enough to distinguish the different sources of goods, it should be recognized as having distinctive features. If a sign that lacks distinctive features has acquired distinctive features through use and is easy to recognize, it can be registered as a trademark. Although Company A's "Little Sheep and Picture" lacks distinctive features, because of Company A's development, "Little Sheep" has distinctiveness, so it can be registered as a trademark.
(2) Company B can apply to the Trademark Review and Adjudication Board (TRAB) for a review within 15 days from the date of receipt of the notice, and the TRAB will make a decision and notify the opposer and the opposee in writing. If it is not satisfied with the Trademark Review and Adjudication Board's decision, it can file a lawsuit with the People's Court within 30 days from the date of receipt of the notice.
Answer Explanation
Knowledge Points: Acquisition, Vesting and Termination of Trademark Rights,