Qingdao Deson Domestic Kitchenware Co. , Ltd. (hereinafter referred to as Qingdao Deson Company) was founded in 2000. Since its establishment, "Deson" has developed into a cabinet chain retail network with hundreds of brand chain stores covering hundreds of cities across the country. Over the years, "Deson" has maintained a healthy, stable and rapid development trend, and has made unremitting efforts to build a large-scale kitchen and bathroom product manufacturing base in Asia, and truly become a professional group company with the most complete kitchen and bathroom products and the highest integration. After years of development and market accumulation, the brand has established a high reputation and influence in the market, and has gradually formed a stable market structure. Its trademark No.1644906 "帝森 DESON and device" (hereinafter referred to as the reexamination trademark) was recognized as the honor of "Qingdao Famous Trademark" and "Shandong Famous Trademark" in 2007 and 2011, respectively, with unlimited commercial value.

Maybe it's a big tree to attract wind, maybe it's a malicious purpose of unfair competition. In 2017, the brand was applied for the revocation procedure by outsiders, ushering in a war without gunpowder smoke. After administrative procedures and first-instance administrative litigation procedures, the judgment found that the use evidence submitted by Qingdao Deson Company could not prove that the re-examination trademark was used legally and effectively during the designated period from September 4, 2014 to September 3, 2017. The judgment rejected the claim of Qingdao Deson Company, and the failure of the first instance will inevitably lead to the hardships of the second instance.

Gaowo Law Firm was entrusted to intervene in the case procedure at the second instance, and is fully aware of the importance of trademarks to enterprises and the commercial value it contains, and shoulders a heavy responsibility. If the second instance procedure can turn things around, the most convincing winning points and strong evidence materials must be found. After a comprehensive and in-depth discussion of the case, the team of lawyers sorts out the evidence materials of the case, writes a detailed list of evidence, guides the enterprise to provide supplementary and perfect evidence materials, and communicate and feedback evidence opinions in a timely manner. In the face of a large box of evidence materials provided by the client, the lawyer team carried out a detailed and comprehensive sorting, sorting and compilation. Because the 188 invoices from 2015 to 2016 provided by Qingdao Deson Company did not reflect the re-examination trademark logo. However, according to the statistics of the paralegal, the sales amount is as high as 18 million yuan. In order to give full play to the proof effect of the evidence, we searched the trademark registration of Qingdao Deson Company. It is shown that only one trademark is reviewed in the 20th class during the specified three-year period, whereby we also attach the registration information of the trademark. According to the principle of high probability of evidence, the commercial use of the trademark under review can be proved. In view of the fact that some advertising contracts do not reflect the re-examination trademark logo, we carefully read the corresponding advertising video samples. While providing the advertising video CD, the content reflecting the trademark logo and time of the review will be visually presented in the form of screenshots to form a complete chain of evidence. At the same time, we have also sorted out and submitted the evidence before the designated period, such as the market share certificate issued by Shandong Furniture Association, and the evidence materials after the designated period, such as CCTV's advertising materials (advertising fee of 1.25 million yuan). In addition, for hundreds of pages of evidence materials, in order to facilitate the judges to consult the case materials, we have attached the summary of the evidence summary form, making the case materials clear at a glance, intuitive presentation, and giving full play to the content and proof effect of the submitted evidence.

After the second instance trial, the Beijing Higher People's Court issued an administrative judgment (2020) Jingxingzhong No. 897, finding that the evidence provided by Qingdao Deson Company could form a complete chain of evidence to prove that the re-examined trademark has real intention to use. And the legal and effective commercial use was carried out. The original judgment was wrong, and the judgment: 1. Revocation of the Administrative Judgment (2019) Jing 73 Xing Chu No. 4471 of the Beijing Intellectual Property Court; 2. Revoke the review decision of Trademark Review [2019] No. 43638 made by the Trademark Review and Adjudication Board of the original country on the revocation of the trademark No. 1644906 "帝森 DESON and device"; 3. The CNIPA has re-decided the reexamination application of Qingdao Deson Company on the No. 1644906 "帝森 DESON and device" trademark. In the end, hard work paid off. Through unremitting efforts, Gaowo Law Firm has retained the most commercially valuable “帝森 DESON and device” trademark for Qingdao Deson Company. Look at Deson cabinets, enjoy the legendary life, not be the first or second, but be unique! Gaowo Law Firm has tasted the uniqueness of Deson cabinets!

This trademark lawsuit tells us that successful trademark registration does not mean it is done once and for all. Wars without gunpowder smoke can break out at any time, and there must be a sense of urgency and foresight, and a good plan for intellectual property protection. Regularly use it on a daily basis, reflect the trademark logo in transaction documents, and improve the transaction document file storage system to prevent painstakingly managed brands from becoming others' wedding dresses! If you are faced with similar trademark litigation issues, you must choose a professional agency, such as Gaowo Law Firm, to take up the weapon of law and fully protect your legal rights and interests!