On June 6, according to the tianyancha app, recently, the first instance documents of related cases between Shanghai magic Information Technology Co., Ltd. and the State Intellectual Property Office were made public. The document shows that the State Intellectual Property Office has made a decision to reject the reexamination of the "jinkela" trademark of scientific instruments applied by Shanghai magic Information Technology Co., Ltd.
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The plaintiff, magic power company, believes that the current right status of the cited trademark is unstable, and implores the court to suspend the trial and make a judgment after the issuance of the decision on the reexamination of the revocation of the cited trademark. Therefore, the court is requested to revoke the sued decision and make a new decision.
The court held that the contentious trademark "jinkela" was the same as the cited trademark "jinkela" in terms of text composition, call, etc., and constituted a similar trademark. As the cancellation procedure of the cited trademark has not been completed by the time of the trial of the case, there is no final conclusion on the stability of the cited trademark, which is not the natural basis for the suspension of the trial; The defendant found that the application for registration of the trademark in dispute violated the provisions of the trademark law and was not improper. Finally, the court ruled that the plaintiff Shanghai magic Information Technology Co., Ltd. was rejected.