Analysis Of Application Of Prior Use Claim In The Opposition Case

Abstract

We, Kangxin Partners, P.C., on behalf of client, TRANSCORTANA SL, filed an opposition action against the trademark "" (No. 54527315 in Class 25) on March 14, 2022, and the National Intellectual Property Administration, PRC ("CNIPA") subsequently examined the case and decided to reject the opposed mark for registration.

Here, we explore how the Prior use claim (Article 32 of China Trademark Law), as supported by CNIPA in the CORTANA opposition case, can be applied in opposition cases to aid legitimate trademark owners to protect their right.

Summary of the case

In this opposition case, we mainly argued that:

1. The opposed party rushed to file the client's mark, "" which was prior used and enjoyed certain reputation before the filing date of the opposed mark, in violation of Article 32 of China Trademark Law.