Recently, Trademark Appraisal Committee of General Administration for Industry and Commerce stated in file No.05379,2008 that the No. 1448417 law case of “AAA & symbol” cancellation was tried end and our company’s dispute for cancellation reason is tenable. Our company disputed for registered trade mark “AAA & symbol” of Dongying Huatai Rubber Co., Ltd on April 10th, 2001, the registered trade mark “AAA & symbol” was cancelled when the law case tried end.
At the beginning of year 2001, our Kunming and Yuxi dealers found a great amount of tyres on the local market, which were produced by Shandong Dongying Huatai Rubber Co., Ltd, have a trademark “AAA & symbol” very similar like our well-known treadmark “Triangle”, and their surface and package design are aslo almostly the same as our company’s. That’s made a confusation on the local market and among the customers, which bring a original production mistake to the customers and bad influence to our well-know trademark. Under such situation, we together with people from city commerce advertisement department of industry and commerce bureau go to Guangrao industry and commerce bureau, to complain about the action of Dongying Huatai Rubber Co., Ltd, and Guangrao industry and commerce bureau give a correction notification, but that company refused to modify it. At the same time, we collect relevant testimoney immediately and applied to the General Administration for Industry and Commerce for cancellation. In the following years, we take every chances at different occasion and with different styles to refect this matter to General Administration & Province Administration for Industry and Commerce. With reply and exchange testimoney for several times in seven years, Trademark Appraisal Committee of General Administration for Industry and Commerce legally tried this case, and successfully concelled the trademark which hitchhiked by Triangle well-known trademark.
Trademark “AAA & symbol” register was applied by Dongying Huatai Rubber Co., Ltd on April 30th, and was got on September 21th 2000, which was checked and ratified for tyres in category 12, etc. This mark was checked and tranferred to Shandong Shengtai Rubber Group Co., Ltd, who is the object of this case.
With Inquisition, Trademark Appraisal Committee of General Administration for Industry and Commerce found the bottom, the disputed trademark “AAA & symbol” has a very similar construction with “Triangl” trademark, as well as the symbol outlook and profile, which easily bring mistakes to the customers on same production-- -tyres, and it already make up the fact that use similar trademark on analogous products, the disputed trademark is as in the status stipulated in No. 28 of . Triangle’s dispute for cancellation reason is tenable, the registered trade mark “AAA & symbol” was cancelled.