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Lead: when a design patent is cited as evidence prejudicing the inventiveness of a patent for creation-invention, the disclosure of the drawings of the design patent should be deter...
I. Case Summary 1. Basic facts The applicant China Railway Engineering Group Co., Ltd. (hereinafter referred to as China Railway) is a mega corporate group owned by central governme...
OJI Paper (JP) vs Xiamen ANNE (CN): Trademark dispute administrative lawsuit

Trademark dispute administrative lawsuit(Win back the trademark cybersquatted by others for nearly 10years)

Introduction: Using evidence chain to win back the trademark cybersquatted by others for nearly 10 years

Abstract: Early in 1930s, OJI Paper has registered “Prince, Oji & tape around the earth device” trademark in Japan. Nevertheless, “Prince, Oji & tape around the earth device” trademark had been cybersquatted as combination trademark in China in 1990s, and finally the trademark was assigned to Xiamen ANNE company. Due to the very early preemptive trademark registration, Oji Paper encountered much difficulty when applying for trademark cancellation. We collected a large number of evidence to prove that the trademark registrant in cybersquatting used to be a sales agent of Oji Paper, and proved the Japan-registered trademark of Oji paper possessed some reputation through actual use also in China. Finally, the court supported our perspective, and the cybersquatted trademark registration was successfully cancelled.

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