Background
Guangzhou Aibeifu Cosmetics Co., Ltd. registered trademark No. 9369681 for shampoo, cosmetics, lipstick and nail varnish in Class 3 on May 7, 2012. Artecoll Medical Investment Co., Ltd. requested cancellation for three consecutive years of non-use on June 23, 2015. The Trademark Office maintained the registration on April 26, 2016, and the cancellation applicant sought review before TRAB.
Review Decision
The registrant submitted cooperation agreements, purchase and sales contracts, sales records, printing contracts and invoices. TRAB found that these established use only for facial masks, which were not among the registered goods. They did not establish use for the approved goods, so the registration was cancelled.
Significance
Article 49, paragraph 2 of the Trademark Law permits cancellation where a registered mark has not been used for three consecutive years without a proper reason. Article 56 limits the registered right to the approved goods.
Use on approved goods may preserve registration for similar approved goods. Use outside the approved list, however, does not qualify as use of the registration for this purpose.
Facial masks were similar to shampoo, cosmetics, lipstick and nail varnish, but were not among this mark’s approved goods. TRAB therefore found no effective commercial use on the registered goods during the relevant three-year period.
