Lawyer's Letter
To: Zhejiang Sata Holding Co., Ltd. (hereinafter referred to as "Sata Company")
Wenzhou Luke Automobile Quick Repair Chain Co., Ltd. (hereinafter referred to as "Luke Company")
Transcript: Zhejiang Jiaruicheng Law Firm
This lawyer, on behalf of Beijing Wanhuida Law Firm, entrusted by the American APEX Group and SATA Tools (Shanghai) Co., Ltd. (hereinafter collectively referred to as "SATA Tools"), replied to the Non-Litigation No. 27 Laywer's Letter sent by Zhejiang Jiaruicheng Law Firm, entrusted by Sata and Luke. The lawyer's letter for reply is as follows:
Luke is not the trademark owner of the No. 9047373 "SATA" trademark and has no right to prevent others from using the trademark. According to Article 34 (1) of the original Trademark Law, the ruling made by the business review committee to grant the registration of the trademark has not taken effect due to the lawsuit. Therefore, the trademark is a trademark under registration, and Luke has not obtained the exclusive right to use the trademark.
In view of the above, we hereby urge Sata and Luke:
Immediately delete the false statement on the official website of Zhejiang Sata Holdings Co., Ltd. regarding the "Serious Statement on Requiring SATA Tools Shanghai Co., Ltd. to Stop Infringement", and issue a clarification statement to stop all acts that interfere with the business operation of SATA Tools. Please make a written confirmation about the withdrawal of Non-Litigation No. 27 "Lawyer's Letter" (2015) within seven days from receipt. If Sata and Luke insist that SATA Company infringes their rights, a lawsuit should be filed with the court within one month from the receipt of this letter. Otherwise SATA Tools will take legal action for their disrupting its business operation, including filing a lawsuit.
Notice is hereby given
Address: Yiyuan Office Building, Friendship Hotel, No. 1 Zhongguancun South Street, Haidian District, Beijing, 100873, Tel: -311, 352
Beijing Wanhuida Law Firm
July 2, 2015
Attached:
A copy of the notice on the invalidation of the No. 9047373 SATA Trademark Registration in the "Trademark Announcement" of the 18th issue of 2015 published by the Trademark Office of the State Administration for Industry and Commerce of the People's Republic of China