Current Position: Home > IP News > These points in the trademark registration of "Shuohilao" deserve attention!

Haidilao and Tiktok jointly objected to the registration of a small and micro enterprise "Diaoyilao", and the trademark was successfully objected after the release of the preliminary notice, without the defense of reexamination.
Later, Haidilao registered the trademark of "Diaohilao", and ByteDance came out again to express its objection, accusing Haidilao of violating the principle of good faith and maliciously copying and imitating its trademark of "Tiktok". What was the result?
1.jpgTwo giants join hands to attack the trademark of "Shuohilao"
As early as June 9, 2020, a company in Yantai applied for the registration of four "Shuohilao" trademarks, which were finally strangled in the cradle under the keen sense of smell of "Haidilao" and "ByteDance" during the preliminary trial announcement period.
According to the data, the four "Shaohilao" trademarks are designated for use in Category 29 such as "fish (non live); sea cucumber (non live)", Category 31 such as "unprocessed nuts", Category 33 such as "bitter wine; fennel wine", and Category 35 such as "online advertising on computer networks".
2.jpgHaidilao said that the approved service scope of the "Diaohilao" trademark and its previously registered "Haidilao", "Haidilao" and other trademarks are similar services, and the trademarks of both parties are similar in terms of word composition, meaning and overall vision, which has constituted similar trademarks, which is easy to confuse and mistake consumers.
ByteDance believes that the trademark "Shuohilao" and its earlier registered trademarks such as "Tiktok" constitute similar trademarks, and claims that a company in Yantai violates the principle of good faith to register, copy and imitate its cited trademark maliciously, and shall not approve the registration of the trademark "Shuohilao" in accordance with the relevant provisions of the Trademark Law.
The State Intellectual Property Office holds that the goods designated to be used by the "Shuohilao" trademark and Haidilao's quotation trademarks are similar goods, and the trademarks of both parties are similar in word composition, meaning and overall vision, which has constituted similar trademarks used on similar goods.
Support the objection of Haidilao.
In response to the objection of ByteDance, the State Intellectual Property Office believed that the "Diaohilao" trademark and the "Tiktok" trademark cited by it did not constitute a similar trademark used on similar goods, and did not support the ByteDance claim that a company in Yantai maliciously registered, copied or imitated its cited trademark.
Finally, the State Intellectual Property Office made a decision according to the relevant provisions of the Trademark Law that the trademark "Shuohilao" should not be registered. The objections to the other three "Shuohilao" trademarks are similar and will not be repeated.
A company in Yantai was startled by the sudden emergence of the catering giant Haidilao and the Internet giant ByteDance, which led to the trademark being challenged and did not reply within the specified time limit.
For the cross-border combination of the above two, netizens are still thinking about the co branding of the two giants. Is it a hot pot filter or a hot pot online celebrity?
Event reversal, "Shuohilao" trademark was successfully registered by Haidilao
After successfully challenging the trademark "Shuohilao" of a company in Yantai, Haidilao applied for the registration of five "Shuohilao" trademarks in March 2021, which are designated to be used in multiple categories. At present, two trademarks have been approved for registration, and three others are under objection.
However, the objection to the "Diaohilao" trademark of Haidilao is still ByteDance. ByteDance spared no effort to prevent the "Tiktok" trademark from being rubbed and imitated, and is always keen to attack.
It is found from the search that there are nearly 8000 publicly searchable objection application trademarks proposed by ByteDance, most of which are trademarks with the word "shake", among which shake XX and shake X are the main trademarks.
With regard to the registration of the "Shuohilao" trademark by Haidilao, the relevant trademark documents approved for registration have been published recently.
According to the document, Beijing ByteDance Technology Co., Ltd. raised an objection to the "Shuohilao" trademark applied by Sichuan Haidilao Catering Co., Ltd. After examination, the State Intellectual Property Office approved the registration of the challenged trademark.
3.jpgThe result of trademark objection is that the "Tiktok" trademark, "Tiktok DOU+" trademark and "Tiktok Heart Restaurant" trademark are approved to use category 30 "edible starch; salt", etc. The text composition, call and visual effect of the trademarks of both parties are different, and the overall difference is obvious, so they do not constitute similar trademarks, and the coexistence and use of similar products will not generally cause confusion and misunderstanding of consumers.
Tiktok sued Haidilao for violating the principle of good faith, maliciously plagiarizing and imitating its citation trademark and easily causing adverse social impact. The evidence is insufficient. In this case, Tiktok's request for protection of its "Tiktok" trademark in accordance with Article 13 of the Trademark Law is not supported due to insufficient evidence.
Why Haidilao can register the trademark of "Shuohilao"
It is also the trademark of "Diaohilao". Tiktok and Haidilao jointly objected, which led to the failure of a company in Yantai to register the trademark of Diaohilao. So why did Haidilao register successfully?
It is necessary to clarify the concept that a trademark is similar to the applicant. The same trademark is similar to some people, but not to others.
Trademark similarity refers to the similarity of the font, pronunciation and meaning of trademark words, the composition, coloring and appearance of trademark graphics, or the overall arrangement, combination and appearance of characters and graphics, the shape and appearance of three-dimensional signs of three-dimensional trademarks, the color or color combination of color trademarks, the auditory perception or the overall music image of sound trademarks, The use of the same or similar goods or services may easily confuse the relevant public with the source of the goods or services.
The trademark "Shuohilao" is similar to the trademark "Haidilao" and has been successfully registered.
When raising trademark objections, it is effective to protect the interests of the earlier applicants. When applying for trademark objections, the application may fail. The trademark registration of Tiktok's objection to Haidilao's "Diaohilao" trademark failed.
When registering a trademark, the reasons for the failure to raise an objection are as follows:
Rejected due to "the applicant's subject qualification does not meet the relevant provisions of the Trademark Law"
After the implementation of the new Trademark Law, only when a trademark should not be registered at all (absolute reason) can an objection be raised. If someone thinks that the registration of a trademark infringes his or her prior rights, it is a "relative reason", and he or she must have "subject qualification" to raise an objection.
Rejected due to "the objection application date has exceeded the objection period stipulated by law"
In China, the legal objection period of trademark objection application is 3 months, which starts from the next day of the preliminary announcement. For example, the announcement date of the challenged trademark is March 1, and the announcement period is from March 2 to June 1. The date of application submission is clearly stipulated in Article 9 of the Regulations for the Implementation of the Trademark Law.
Rejected due to "the applicant failed to pay the objection fee as required"
As we all know, the application for trademark opposition needs to pay a fee, and the application for trademark opposition will not be accepted because the fee has not been paid. Note:
First, if the applicant applies for objection by mail, it shall pay the fees by bank mail transfer or telegraphic transfer. The copy of the remittance slip must be submitted to the Trademark Office together with the application for objection; The name of the remittance must be the same as the name of the objector.
Second, if a trademark agency is entrusted to apply for trademark opposition, it shall be ensured that the opposition fee can be deducted from the advance payment of the trademark agency.
Rejected due to "the objection application lacks the identity certificate of the objector"
The identity document is the same as the objection application form and the subject qualification document, which are required for the first submission of the objection application.
Rejected due to "the applicant fails to make corrections"
The "rectification" is clearly stipulated in Article 18 of the Regulations for the Implementation of the Trademark Law. The notice of rectification will be issued only when the formalities are basically complete or the application documents are basically in line with the provisions.
In other words, in many cases, the objector is given the opportunity to make corrections, such as the signature and seal of the power of attorney is not the original, the date of mailing is not clear, and the agent on the first page of the objection application has not signed. Failure to make corrections according to the specified contents or to make corrections after 30 days will be rejected.
As an enterprise, when applying for a trademark, we should not only consider the current needs, but also plan the future direction of the enterprise. If conditions permit, enterprises can do multi category registration, or even full category registration. This not only paves the way for the operation and development of the brand, but also avoids the possibility of brand name and free riding.
At the same time, enterprises should also do a good job in monitoring and early warning. If they find that there are similar trademark applications, they should raise objections or invalidate them in a timely manner to safeguard their legitimate rights and interests.

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