Objection to the trademark “MaboKeluo”
Opponent: Guangdong Weimei Ceramics Co., Ltd.
Opposed Party: Huang Jialiang
Trademark Information: 
Focus of the Case: Whether the opposed trademark violates the provisions of Article 32 of the Trademark Law and infringes on the prior copyright of others.
Mr. Huang Jianping, the legal representative of the opponent, created the above-mentioned artwork in 1995 (copyright registration has been completed with the Guangdong Provincial Copyright Bureau). In 1996, the opponent obtained the copyright of the work, including the right of reproduction, the right of publication, and the right of network information dissemination, through authorization. The opponent is a party with an interest in the work.
The application date of the opposed trademark (December 27, 2016) is much later than the first publication date of the opponent's legal representative's artwork (February 21, 1996) and the subsequent continuous reproduction and dissemination time by the opponent. The opposed trademark logo is almost identical to the artwork in which the opponent has an interest, constituting substantial similarity. Therefore, the opposed trademark constitutes malicious copying of the work.
After review, the State Intellectual Property Office (SIPO) believes that the opponent's prior work, through the opponent's publicity and use, has a certain influence among the relevant public, and the opposed party has the possibility of contacting the above-mentioned work. The graphic part of the opposed trademark is the same as the opponent's artwork in terms of design style, composition elements, and visual effects, constituting substantial similarity. Therefore, the opposed party's application for registration of the opposed trademark constitutes an infringement of the opponent's prior copyright.
