In a landmark ruling rendered by the China National Intellectual Property Administration (CNIPA) under Case No. Shang Ping Zi [2025] No. 0**, Beijing Tengyu Law Firm, acting on behalf of the National University-affiliated corporate entity Meimoku-ya, successfully defended the client’s core trademark rights through macro-level strategic assessment and the methodical, granular compilation of evidence into a coherent chain, thereby effectuating the preservation of the trademark registration.
Origin of the Dispute: Emergence of Trademark Cancellation Controversy
The subject trademark was filed for registration in March 2016 by Meimoku-ya and was granted registration in April 2017. It is designated for use on goods in Class [X], including medical apparatus and instruments, walking aids, artificial tympanic membranes, and related goods, with the term of exclusive rights expiring in April 2027. In June 2024, a third party petitioned CNIPA for cancellation on the grounds of non-use for three consecutive years. The initial cancellation decision ordered the wholesale revocation of the trademark in dispute. To safeguard its lawful registration interests, Meimoku-ya retained Beijing Tengyu Law Firm to represent it in the cancellation review proceeding.
Meticulous Rights Enforcement: Constructing a Comprehensive Defence Matrix
Upon engagement, the Tengyu legal team promptly conducted a thorough review of the entire evidentiary record and the defence submissions previously filed in the non-use cancellation proceeding. The team rapidly identified core and supplementary evidence, reorganised and restructured the evidentiary materials holistically, and further augmented the use of evidence through Tengyu’s proprietary online monitoring system. The resulting evidentiary package fully satisfied the statutory requirements of the non-use cancellation proceeding with respect to authenticity, legality, efficacy, and completeness of the evidentiary chain.
Furthermore, the Tengyu team anchored its strategy on the core evidence, presenting precisely calibrated legal arguments and combining textual and graphical exhibits to demonstrate to CNIPA the genuine and effective use of the review trademark on the designated goods within the prescribed period.
Of paramount importance, the Tengyu team astutely grasped the legal criteria for assessing similar goods in non-use cancellation proceedings. Proceeding from the evidentiary foundation and integrating the superordinate and subordinate concepts of the goods together with their functions and intended uses, the team meticulously explicated to CNIPA the nexus between the core goods in actual use and the other goods, demonstrating their complementary relationship in commercial practice, thereby securing the preservation of all similar goods.
Ruling Rendered: Core Interests Fortified in Accordance with Law
Following comprehensive adjudication, CNIPA adopted the core submissions advanced by Tengyu and issued its final review decision, affirming the valid registration of the “A**” trademark on the core goods and similar goods.
The aforesaid decision effectively safeguarded the trademark proprietor’s rights and legally secured the client’s core business operations. Simultaneously, it once again underscored the professional acumen of the Tengyu team in intellectual property dispute resolution, its client-centric ethos, and its unwavering commitment to meticulous case preparation.
Rights Protection as the Core, Brand Consolidation as the Mission
The team steadfastly adheres to the core service philosophy of “profound legal research, meticulous rights protection.” Specialising in trademark registration, dispute resolution, and rights protection, the firm delivers full-process, one-stop integrated legal services to domestic and international clients, empowering them to construct robust intellectual property fortifications amid fierce market competition and to ensure the steady enhancement of brand value.
