"Family Fortune"

The applicant has been promoted by Foodstuff Trading Co to the 902920th "FAMILYFORTUNE and graphic" trademark registered on thirtieth kinds of condiments and other commodities (hereinafter referred to as the trademark). The 877955th "family QUANJIAFU and graphics" trademark (hereinafter referred to as the dispute trademark) is registered on the thirtieth food flavoring ketchup and other commodities registered in the North food factory of Changchun Zhongtai Industrial Company (hereinafter referred to as the dispute trademark).

In the trial process, Changchun Zhongtai Industrial Company Northern food factory pferred its trademark to Jilin food company, Changchun food branch, Jilin.

According to the appraisal, the applicant's trademark has not been used since registration, and the claim for revocation of the trademark should be revoked according to the law. It should be put forward to the Trademark Office in accordance with the law.

The registered trademark No. 584427th "family portrait QUANJIAFU and graphics" registered by the applicant was designated by the applicant. It was designated as a quick frozen dumpling. It was not a similar commodity with the quoted trademark, the designated use of cooking flour and spices.

Although the Chinese part of the two trademark uses the "family fortune", the two trademark does not constitute an approximate trademark used on similar commodities, so the respondent claims that the reason why the 584427th trademark has the prior right with the quoted trademark can not be established.

The citation marks are composed of three parts: Chinese family, English "FAMILYFORTUNE" and "graphics".

The controversial trademark consists of three parts: Chinese family, Chinese phonetic alphabet "QUANJIAFU" and "graphics".

Two the overall meaning of the trademark is the same, the Chinese part has used the "family fortune" text, and the two trademark logo has become similar.

Disputed trademarks should be used in condiments and ketchup in commodities, and similar condiments should be used in the designation of the trademarks. The disputed trademarks and the quoted trademarks have already become similar trademarks on the similar commodities on seasoning tomato paste products. Therefore, the registration of the disputed trademarks on the goods should be cancelled.

In view of the trademark "bread, biscuits, cakes, coffee and coffee drinks, sugar, sweets, ice cream, ice cream, drinking water, quick frozen wonton, quick frozen dumpling and frozen steamed stuffed bun", which are used by the controversial trademark, and similar commodities such as the cooked flour used for the trademark are not used, the registration of the trademark used for the dispute shall be maintained.

The jury finally ruled that the registration of 877955th "family QUANJIAFU and graphic" trademarks on the condiment tomato paste products should be revoked and registered on the rest of the designated commodities.