Dissenter: Kajima Construction Co., LTD

       Respondent: Nanjing Jieheng Investment Management Co., LTD

       Trademarks challenged: No41007067The East Pearl Sports FacilityKAJIMA", specifying the use of the service as No37Class "Construction project Management Services; Architecture; Pipeline laying and maintenance; Pave a road; Telecommunication wiring; Sweep the streets; Heating equipment installation and repair; Installation and repair of electrical appliances; Telephone installation and repair; Lay bricks, bricks, or blocks.

       The dissenter maintains that:

       Be opposedtrademarkThe application for registration violates the relevant provisions of Article 7, Article 32 and Article 10, Paragraph 1 (7) of the Trademark Law. The main reasons for objection are as follows:

       1Be opposedtrademarkIt is the copying and copying of the firm of the dissident and its Shanghai subsidiary, which violates the firm right of the dissident and its Shanghai subsidiary.

       2Be opposedtrademarkIt is the illegal registration of the well-known trademark used by the dissident and its Shanghai subsidiary.

       3The opposing party has registered the opposing party's trademark and other companiestrademarkAlways malicious.

       Therefore, request not to approve the registration of the opposed trademark. No reply was made by the respondent.

     Article 32 of the Trademark Law stipulates that "the application for trademark registration shall not impair the existing prior rights of others, nor shall it be allowed to register the trademark that has been used by others and has certain influence by unfair meanstrademark". In this case, the main identifying parts of the name of the dissident and its subsidiaries are"KAJIMA"Very useful words, the opponent's subsidiary registration earlier than the date of the application of the opposed trademark, and the use of a certain degree of visibility. Knowing to the opponent."KAJIMA"Is a firm used by the opponent and has a certain popularity, and still applies for the registration of the opposed trademark which is the same as the English name of the opponent in the services closely related to the industry engaged in by the opponent, which damages the opposition's trade name right, so the opposed trademark is not approved for registration.

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