Monday, December 21, 2020
On December 21, 2020, the Beijing Intellectual Property Court announced that on December 18, 2020, the Court ruled in several administrative trademark cases that the trademark registrants forged evidence to prove use in trademark cancellation proceedings. The registrants had provided fake tax invoices to prove use via the sales. However, the tax invoices didn’t match queries with the National Value-Added Tax Invoice Inspection Platform of the State Administration of Taxation. Accordingly, the Court reversed the earlier rulings based on the forged evidence and fined the registrants.
There was a total of eight administrative litigations.
The plaintiff Dongguan Jinji Environmental Technology Co., Ltd. (东莞市金基环保科技有限公司) sued the China National Intellectual Property Administration (CNIPA) and the third party (trademark registrant) Jilin Province Green Forest Environmental Protection Technology Co., Ltd. (吉林省绿森林环保科技有限公司) for trademark cancellation administrative review.