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Good news junzhiquan, acting as the agent of the i...
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Good news junzhiquan, acting as the agent of the invalidation case of international art energy trademark, successfully maintains the validity of the t
2019.02.21
 
Junzhiquan represented ComicRitz Productions Co., Ltd. (hereinafter referred to as "ComicRitz") in the case involving the request for invalidation of the trademark "" filed by Universal Music Group Records Co., Ltd. (hereinafter referred to as "Universal Records"), and persuaded the Trademark Examination Board to reject Universal Records' request for invalidation and ruled that the trademark "" remained valid.
ComicRitz applied for registration of the trademark "" on November 6, 2015, and the trademark was approved for registration on December 14, 2016. Therefore, ComicRitz legally owns the trademark rights to the logo.
Universal Records claimed that "J5" is a logo used by its world-renowned quintet band "The Jackson 5" (comprising of Michael Jackson, Jackie Jackson, Tito Jackson, Jermaine Jackson, and Marlon Jackson), and that the "Trademark" of ComicRitz infringed its prior copyright of the "J5" pattern, as well as the right of name and prior commercialization rights and interests that "The Jackson 5" was entitled to. Therefore, Universal Records requested to declare the trademark "" invalid.
The Trademark Examination Board upheld Junzhiquan's claim and maintained the validity of the trademark "". The reasons are as follows: Firstly, the evidence about the introduction of "The Jackson 5" submitted by Universal Records was insufficient to prove that the company was entitled to the prior copyright of the logo involved. Secondly, Universal Records did not submit sufficient evidence to prove that "J5" was well known among the relevant public, nor did it prove that the trademark "" had a specific link with "The Jackson 5" that could damage its interests. Thirdly, the evidence submitted by Universal Records in this case was insufficient to prove that the registered trademark "" might erode the market advantages and trading opportunities brought by the band name, and it was difficult to determine that the registered trademark "" had damaged its prior commercialization rights and interests.
 
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