"New Tea Flow" Does Not Exist.

The applicant unified the Limited by Share Ltd's trademark "new tea stream" which applied for registration on thirtieth kinds of tea and other commodities. The Trademark Office directly used the "new tea stream" to express the raw materials and quality characteristics of the commodity. It was used as a trademark, lacking significant characteristics, and not having the identification function of the trademark. The reason why it was easy to cause misidentification on non 'tea products' was rejected for application, and the Trademark Review and Adjudication Board accepted it according to law.

The Limited by Share Ltd agreed that the "new tea stream" as a trademark does not directly represent the characteristics of the raw materials and quality of the goods. It does not violate the provisions of the trademark law and should be registered.

The review of the Trademark Review and Adjudication Board indicated that the application of the trademark "new tea flow" directly indicated the characteristics of raw materials, such as the "tea and tea substitute" and so on. The trademark used for the non use of tea drinks and foods such as coffee, cocoa, non medical nutritious liquid, pastry and so on is easy for consumers to misunderstand the raw materials of the products.

Therefore, the "new tea stream" used as a trademark for the specified use of commodities does not have the salient features and recognition function.

The Trademark Review and Adjudication Board accordingly decided to unify the trademark "new tea flow" registered by the Limited by Share Ltd in the thirtieth category of tea and other commodities.

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