The applicant Shunhuang International Enterprise Co., Ltd. was not satisfied with the trademark rejection decision issued by the CNIPA, and entrusted BEIJING FINELAND IP FIRM to submit an application for re-examination to the CNIPA in accordance with the law, and the rights protection was finally successful.

Brief description of the case：

1. The applied trademark was carefully designed by the applicant, and actually corresponds to the Chinese character "Jamoshi lubricating oil". It has entered my country before the application for the cited trademark in this case, and has a great reputation in the field of "lubricating oil". The industry and the general public in the automotive field have highly recognized that the trademark application this time is entirely for the purpose of legal and bona fide protection and should be protected to some extent.

2. The applied trademark "JIAMOSE and the picture" actually corresponds to the Chinese character "JIAMOSE lubricating oil", which entered my country before the application for the cited trademark in this case, and has a very good reputation in the field of "lubricating oil", which is a good name for the same industry in my country and the general public. It is highly recognized by the relevant public in the automotive field, and is significantly different from the cited trademark "STIER and Figure" as a whole, and is significantly different in the distinctive identification text, call, composition and appearance, which will not cause confusion and misunderstanding by the public at all, and does not constitute a similar trademark.

Trademark comparison as shown:

Apply for the trademark "JIAMOSE and Figure", with the inherent character "JIAMOSE" as the distinctive identification part. Based on the Chinese people's preference for Chinese characters, the actual call for the trademark application uses the Chinese character "JIAMOSE MOTOR OIL" as the call. The cited trademark contains clear text content, and the overall identification uses the text "STIER" as the distinctive identification part and the calling content.

The trademark applied for is from Taiwan, China. It is the external image display of the applicant's long-term "lubricating oil" brand. It is a continuation of the applicant's application in mainland my country in 2006 and has already registered a series of brand trademarks. This application is completely for legitimate and good-faith protection purposes. In addition, the domineering, three-dimensional and upright image of the applied trademark is more three-dimensional, which is obviously different from the cited trademark in composition details, overall design and meaning. The distinctive identification word "JIAMOSE" of the applied trademark and the distinctive identification word "STIER" of the cited trademark are also completely different in terms of overall meaning and orientation, and will not cause confusion and misunderstanding by the public at all, and do not constitute similar trademarks.

3. According to the relevant provisions of the Trademark Examination Standards: If the trademarks are partially similar in graphics, which is likely to cause the relevant public to misunderstand the source of the goods or services, they shall be determined to be similar trademarks.

However, because the graphic is a common pattern of the product, or mainly plays the role of decoration or background, the distinctiveness of the trademark is weak, and the overall meaning, call or appearance of the trademark is obviously different, and it is not easy for the relevant public to misunderstand the source of the goods or services.

In this case, the applied trademark is a combination trademark of graphics and text, and the "cow" figure it incorporates only plays a decorative and background role in the overall logo, but its significance is weak in the trademark, and the figure is an inherent animal and should not be monopolized by one company.

Moreover, the design concept, source, expression and presentation effect of the applied trademark and the cited trademark graphics are completely different, and the overall style is quite different. The graphic elements are commonly used graphics, which are not the obvious identification content of the overall logo, but only play the role of decoration and background, and their existence does not affect the distinguish ability of the overall logo.

4.To sum up, the applied trademark "JIAMOSE and Figure" actually corresponds to the Chinese character "JIAMOSE MOTOR OIL", which has entered my country before the application for the cited trademark in this case. And it has a great reputation in the field of "lubricating oil", and is highly recognized by the relevant public in the same industry in my country and in the automotive field. It is significantly different from the cited trademark "STIER and Figure" as a whole, and it is significantly different in terms of distinctive identification text, call, composition and appearance, which will not cause confusion and misunderstanding by the public at all, and does not constitute a similar trademark.

In accordance with the provisions of Article 28 of the Trademark Law of the People's Republic of China, the CNIPA has decided as follows: the application for registration of the trademark applied for on the re-examined commodity shall be preliminarily approved.