Kaifeng Bianxiu Factory and Dasong Bianxiu Company are both Bianxiu production enterprises. Dasong Embroidery Company filed a trademark dispute request with the Trademark Review and Adjudication Board for four trademarks owned by Kaifeng Embroidery Factory. After examination, the Trademark Review and Adjudication Board finally ruled that all the above disputed trademarks should be revoked on the grounds that "the trademark lacks distinctive features". Kaifeng editing and repairing factory refused to accept the decision, and appealed the Trademark Review and Adjudication Board to the court, requesting a judgment to cancel the above ruling made by the Trademark Review and Adjudication Board.
The First Intermediate People's Court held that whether "Bian Xiu" and "Bian Xiu" can become registered trademarks depends on whether their trademarks have established a unique corresponding relationship with their commodities, which is significant.
Among the four trademarks of "Bianxiu Picture" and "Bianxiu Picture" owned by Kaifeng Bianxiu Factory, the word "Bianxiu" has no other special meaning except Kaifeng. Known as one of the four major embroideries in China by authoritative works, it is as famous as Beijing embroidery, Lu embroidery and Ou embroidery. This shows that edge embroidery has become an independent embroidery with a specific production area and specific technological characteristics. Kaifeng operators often use the words "edge" and "embroidery" on embroidery products. Therefore, Kaifeng editing and repairing factory claims that "the above-mentioned trademarks have established a unique corresponding relationship with their commodities", which lacks factual basis. The word "Bianxiu" designated by Kaifeng Bianxiu Factory only has the unique meaning of embroidery processing service, and it is easy for the relevant public to identify the word "Bianxiu" as the name of embroidery variety, but it is not easy to identify it as a trademark. The black block diagram in its trademark is a very common figure, but the combination of "edge" or "edge embroidery" and the black block diagram still lacks the obvious characteristics of the trademark, so the disputed trademark belongs to the sign that registration is prohibited. Accordingly, the court made the above judgment.