Trademark 13981528 Invalidation Lawsuit
Basic information
CN Trademark No.: 13981528
Trademark:
Cited Trademark: 
Applicant of invalidation: Vivo Mobile Communications Co., Ltd. (Third party in administrative litigation)
Vivo Mobile Communications Co., Ltd. entrusted China Yomek IP to file an invalidation request for the trademark “vivosmart” of No. 13918528. The Trademark Office supported Yomek’s claim and the trademark was declared invalid.
The trademark applicant (hereinafter referred to as the plaintiff) refused to accept the above decision and filed an administrative lawsuit with the Beijing Intellectual Property Court.
The court held that China Yomek submitted evidence that the plaintiff had applied for registration of more than 30 trademarks containing the letter "vivo".
Although the plaintiff submitted some evidence of use to prove that the plaintiff has a true intention to use, the evidence submitted just proves that it deliberately highlight the letter "vivo" in the trademark. The evidence submitted by China Yomek is sufficient to prove that the "vivo" trademark is a well-known trademark in goods such as mobile phones. Under the premise of knowing this situation, the plaintiff still applied for a large number of trademarks containing the letter “vivo” on multiple categories of goods or services. It is an improper act that violates the principle of good faith in the Trademark Law, disrupts the normal order of trademark registration and management, and undermines the market order of fair competition. Therefore, the trademark violates the provisions of the Trademark Law. Therefore, the Beijing Intellectual Property Court decided to dismiss the plaintiff’s claim and maintain the invalid decision.