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Jingze Firm Won the Lawsuit against TRAB on Behalf of Prince of Peace Enterprises.

The application of Prince of Peace Enterprises for trademark registration of “PRINCE OF PEACE” in category five was rejected by the Trademark Office, and the application for reconsideration filed by Prince of Peace Enterprises was still rejected. Having accepted the entrustment of Prince of Peace, our firm appointed attorney Guoqiang Wang and attorney Donghai Liu to handle such case, and an administrative lawsuit was then filed to Beijing No.1 Intermediate People’s Court in seeking of the revocation of TRAB’s decision.

Both the Trademark Office and TRAB held that such trademark had adverse influence on society due to the possible interpretation of “Jesus Christ” for such trademark. Through analysis, our firm considered that although one possible interpretation for such trademark is “Jesus Christ”, it is not the sole meaning of such trademark but an implied translation. The recognition function for trademarks is relative to common consumers, and common customers will not take “Jesus Christ” as its interpretation but deem it as “peace prince” according to its literal meaning. Moreover, such trademark has been registered and used in America and other countries for many years, and no adverse influence occurred.

After the trail procedure, Beijing No.1 Intermediate People’s Court has reached the verdict of the first trail, holding that there is no adverse social influence of such trademark, therefore, TRAB shall revoke its reexamination rejection decision and make its reexamination decision. TRAB instituted an appealed, and Beijing Higher People’s Court affirmed the original judgment.

法院网
仲裁委员会
司法局
首都律师2
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